Kearney -v- White & anor [2014] IEHC 147 (24 March 2014)

Kearney -v- White & anor [2014] IEHC 147 (24 March 2014)

There was no evidence of a conflict of interest or misconduct as the previous representation was in an unrelated matter over twelve years ago, and the current matter did not involve acting for opposing parties in the same transaction. The Tribunal's finding of no misconduct was upheld.

Citation
[2014] IEHC 147
Parties
Appellant: Patrick C. Kearney; Respondent: Philip B. White; Respondent: Ray Lannon
Jurisdiction
Ireland
Judgment Date
24 March 2014
Procedural Posture
Appeal From Solicitors Disciplinary Tribunal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Solicitor Misconduct, Conflict of Interest, Professional Conduct
Legal Profession Regulation Solicitor Misconduct Conflict of Interest Professional Conduct

Case Brief

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Parties

Patrick C. Kearney

Appellant

Philip B. White

Respondent

Ray Lannon

Respondent

Procedural Posture

Appeal From Solicitors Disciplinary Tribunal / Judgment on Appeal

Legal Issues

  1. 1 Whether the respondent solicitors acted in conflict of interest in breach of the Solicitors Code of Conduct
  2. 2 Whether there was misconduct by the respondent solicitors

Ratio Decidendi

There was no evidence of a conflict of interest or misconduct as the previous representation was in an unrelated matter over twelve years ago, and the current matter did not involve acting for opposing parties in the same transaction. The Tribunal's finding of no misconduct was upheld.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; Tribunal's decision affirmed; no finding of misconduct against respondent solicitors