Courts / Wicklow / Report
Barrister claims no judge can hear his case against barristers regulatory body
Summary
Alan Toal Bl, a barrister from Arklow, has brought High Court proceedings to stop an internal disciplinary tribunal from imposing sanctions on him, arguing that judges of the Superior courts cannot hear the case because they are effectively defendants. He claims that all judges are automatically benchers of the Honourable Society of the Kings Inns, the body that regulates barristers, and therefore cannot be independent. Toal seeks injunctions to prevent the Barristers Disciplinary Tribunal from deciding on his case after a sanction hearing in July, and to expunge certain complaints. The four respondents – the Barristers Disciplinary Tribunal, the General Council of the Bar Council of Ireland, the Professional Practices Committee of the Bar Council, and the Barristers Professional Conduct Tribunal – have opposed the action. Mr Justice David Keane dismissed applications to adjourn the case or recuse himself, stating there was no legal basis for the case to be held.
Who, what, where, when and why
What: Report matter: Barrister claims no judge can hear his case against barristers regulatory body. Procedural stage: hearing_or_decision
When:
- 2015-05-05 Publication
Why: A barrister seeking to prevent an internal disciplinary tribunal imposing sanctions on him, has argued that judges of the Superior courts should not be able to hear the case because they are all "effectively defendants" in the case. CNI source report
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