Judgment: 2025-06-16 · Court archive

High Court extends time for solicitor misconduct appeals over late filing

The court allowed Brendan Kirwan to appeal two disciplinary decisions after finding that he had tried to file within the deadline and had arguable grounds. It made no finding of misconduct.

High Court · [2025] IEHC 337

Who, what, where, when and why

Who
  • Brendan Kirwan (Appellant)
  • Solicitors Disciplinary Tribunal
  • David Barniville (Judge)
What

The court allowed Brendan Kirwan to appeal two disciplinary decisions after finding that he had tried to file within the deadline and had arguable grounds. It made no finding of misconduct.

Where

Places mentioned in the report

  • Solicitors Disciplinary Tribunal
When

Judgment:

Other dates in the report
  • 8 October 2020

    The Tribunal had decided the complaints on 8 October 2020, on the papers and without an oral hearing. It found no prima facie case of misconduct. Mr Kirwan received notice on 9 October. The 21-day appeal period ended on 29 October.

  • 21 December 2020

    Mr Justice David Barniville ruled on 16 June 2025 that the balance of justice favoured allowing both appeals to proceed. He extended the time to 21 December 2020, the date the appeal motions were issued with the then President of the High Court’s leave.

  • 18 June 2025

    A different High Court judge is to hear the appeals. Justice Barniville said directions would follow on 18 June 2025 and that he would seek a hearing before the end of July, subject to availability and court resources. The other reliefs Mr Kirwan sought were adjourned to the judge assigned to hear the appeals. Costs of the extension applications were provisionally to be reserved to that judge, subject to further argument.

Why

Reasons reported in the judgment

The High Court has extended the time for Brendan Kirwan to appeal two decisions by the Solicitors Disciplinary Tribunal that found no prima facie case of misconduct against solicitors he had complained about.

The High Court has extended the time for Brendan Kirwan to appeal two decisions by the Solicitors Disciplinary Tribunal that found no prima facie case of misconduct against solicitors he had complained about.

Mr Justice David Barniville ruled on 16 June 2025 that the balance of justice favoured allowing both appeals to proceed. He extended the time to 21 December 2020, the date the appeal motions were issued with the then President of the High Court’s leave.

The Tribunal had decided the complaints on 8 October 2020, on the papers and without an oral hearing. It found no prima facie case of misconduct. Mr Kirwan received notice on 9 October. The 21-day appeal period ended on 29 October.

Mr Kirwan emailed copies of his stamped motions and affidavits to the High Court registrar on 29 October and sent the originals by registered post that day. They reached the Central Office on 30 October, just outside the deadline. The motions were issued on 21 December, after the court granted leave to issue them.

The Supreme Court later held that the appeals had been made outside the statutory period, but ruled that the High Court could extend time. It sent the matter back to the High Court to decide whether an extension was justified. The issue before Justice Barniville was limited to that application; he did not decide the appeals against the Tribunal’s decisions.

The judge found that Mr Kirwan had formed a genuine intention to appeal within time, and that the short delay was explained by circumstances akin to a mistake. He also found arguable grounds concerning his representation in a property transaction and the alleged signing of documents while he was outside Ireland. The judge stressed that this was only a finding that grounds of appeal were arguable. It did not establish a prima facie case or any misconduct.

Mr Kirwan’s complaints included allegations about inadequate or non-independent legal advice, conflicts of interest, dishonesty, concealment, forged documents and legal fees. The solicitors represented at the extension hearing disputed the allegations and neither consented to nor opposed the applications. The judge said no particular prejudice had been advanced and no other respondent appeared to oppose the extensions.

A different High Court judge is to hear the appeals. Justice Barniville said directions would follow on 18 June 2025 and that he would seek a hearing before the end of July, subject to availability and court resources. The other reliefs Mr Kirwan sought were adjourned to the judge assigned to hear the appeals. Costs of the extension applications were provisionally to be reserved to that judge, subject to further argument.

Read the original court judgment

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