Esan -v- Williams [2013] IEHC 10 (21 January 2013)

Esan -v- Williams [2013] IEHC 10 (21 January 2013)

The appellant failed to adduce adequate evidence to discharge the burden of proof that the respondent pressurised him into accepting the settlement; the respondent's version was corroborated by documentation and witness. No misconduct found.

Citation
[2013] IEHC 10
Parties
Appellant: Jacob A. Esan; Respondent: Ivan Williams
Jurisdiction
Ireland
Judgment Date
21 January 2013
Procedural Posture
Solicitor Disciplinary Appeal / Appeal From Solicitors Disciplinary Tribunal
Outcome
appeal dismissed
Legal Topics
Solicitor Misconduct, Settlement Pressure, Burden of Proof
Professional Discipline Solicitor Misconduct Settlement Pressure Burden of Proof

Case Brief

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Parties

Jacob A. Esan

Appellant

Ivan Williams

Respondent

Procedural Posture

Solicitor Disciplinary Appeal / Appeal From Solicitors Disciplinary Tribunal

Legal Issues

  1. 1 Whether the respondent solicitor exerted undue pressure on the appellant to accept a settlement
  2. 2 Whether the respondent was guilty of misconduct in settlement negotiations

Ratio Decidendi

The appellant failed to adduce adequate evidence to discharge the burden of proof that the respondent pressurised him into accepting the settlement; the respondent's version was corroborated by documentation and witness. No misconduct found.

Court Disposition

appeal dismissed

Orders

  • No finding of misconduct against respondent solicitor
  • Appeal dismissed