The Law Society -v- Carroll & anor [2009] IESC 41 (20 May 2009)

The Law Society -v- Carroll & anor [2009] IESC 41 (20 May 2009)

The Supreme Court held that the High Court judge's decision to impose severe sanctions short of striking off was open to him on the evidence and in law, given the mitigating factors and the absence of client loss, and that the Supreme Court's role is not to substitute its own view unless the High Court's decision was clearly incorrect.

Citation
[2009] IESC 41
Parties
Applicant/appellant: The Law Society of Ireland; Respondent/respondent: Colm Carroll; Respondent/respondent: Henry Colley
Jurisdiction
Ireland
Judgment Date
20 May 2009
Procedural Posture
Appeal (disciplinary Proceedings) / Supreme Court Appeal From High Court Order on Disciplinary Sanctions
Outcome
appeal dismissed; High Court order affirmed
Legal Topics
Solicitor Misconduct, Disciplinary Sanctions, Appeals Procedure, Tax Evasion, Client Account Regulations
Professional Discipline Legal Profession Regulation Solicitor Misconduct Disciplinary Sanctions Appeals Procedure Tax Evasion Client Account Regulations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

The Law Society of Ireland

Applicant/appellant

Colm Carroll

Respondent/respondent

Henry Colley

Respondent/respondent

Procedural Posture

Appeal (disciplinary Proceedings) / Supreme Court Appeal From High Court Order on Disciplinary Sanctions

Legal Issues

  1. 1 Whether the High Court erred in not striking the solicitors off the roll for gross misconduct
  2. 2 Scope of Supreme Court review in disciplinary sanction appeals

Ratio Decidendi

The Supreme Court held that the High Court judge's decision to impose severe sanctions short of striking off was open to him on the evidence and in law, given the mitigating factors and the absence of client loss, and that the Supreme Court's role is not to substitute its own view unless the High Court's decision was clearly incorrect.

Court Disposition

appeal dismissed; High Court order affirmed

Orders

  • Each solicitor suspended from practice for 12 months
  • For 3 years after suspension, each solicitor may only practise as assistant solicitor under supervision approved by the Law Society