Brendan Kirwan v John O'Leary, Bridget O'Leary, Seamus Turner, Peter Redmond, Cormac Mullen, Catherine O' Connor, Sean Nolan, Geraldine O'Loughlin, Wendy Smith and Solicitors Disciplinary Tribunal (Approved) [2023] IESC 27 (29 November 2023)

Brendan Kirwan v John O'Leary, Bridget O'Leary, Seamus Turner, Peter Redmond, Cormac Mullen, Catherine O' Connor, Sean Nolan, Geraldine O'Loughlin, Wendy Smith and Solicitors Disciplinary Tribunal (Approved) [2023] IESC 27 (29 November 2023)

The appeal was not made within the statutory 21-day period because the notice of motion and affidavit were not received by the Central Office by registered post within that period, and delivery by email was not a valid method under the rules. The statutory time limit is mandatory and the court has no jurisdiction to extend it in the absence of express statutory provision.

Citation
[2023] IESC 27
Parties
Applicant/appellant: Brendan Kirwan; Respondent: John O’Leary; Respondent: Bridget O’Leary; Respondent: Seamus Turner; Respondent: Peter Redmond; Respondent: Cormac Mullen; Respondent: Catherine O’Connor; Respondent: Sean Nolan; Respondent: Geraldine O’Loughlin; Respondent: Wendy Smith; Notice Party: Solicitors Disciplinary Tribunal
Jurisdiction
Ireland
Judgment Date
29 November 2023
Procedural Posture
Statutory Appeal / Supreme Court Appeal From High Court Decision on Preliminary Issue
Outcome
Appeal dismissed
Legal Topics
Statutory Appeals, Time Limits, Extension of Time, Solicitors' Misconduct, Jurisdiction of Courts
Administrative Law Professional Discipline Civil Procedure Statutory Appeals Time Limits Extension of Time Solicitors' Misconduct Jurisdiction of Courts

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Parties

Brendan Kirwan

Applicant/appellant

John O’Leary

Respondent

Bridget O’Leary

Respondent

Seamus Turner

Respondent

Peter Redmond

Respondent

Cormac Mullen

Respondent

Catherine O’Connor

Respondent

Sean Nolan

Respondent

Geraldine O’Loughlin

Respondent

Wendy Smith

Respondent

Solicitors Disciplinary Tribunal

Notice Party

Procedural Posture

Statutory Appeal / Supreme Court Appeal From High Court Decision on Preliminary Issue

Legal Issues

  1. 1 Whether delivery by registered post or email constituted the making of an appeal under s. 7(12A) of the Solicitors (Amendment) Act 1960 as amended
  2. 2 Whether the statutory 21-day period for appeal can be extended by the court
  3. 3 Whether the appeal was made within the statutory time limit

Ratio Decidendi

The appeal was not made within the statutory 21-day period because the notice of motion and affidavit were not received by the Central Office by registered post within that period, and delivery by email was not a valid method under the rules. The statutory time limit is mandatory and the court has no jurisdiction to extend it in the absence of express statutory provision.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed as not made within the statutory time limit.
  • No jurisdiction exists to extend the time for appeal under s. 7(12B) of the Solicitors (Amendment) Act 1960.