The High Court has ruled that solicitor Thomas Loomes is entitled to recover legal fees from Majella Rippington, Shaun Rippington and Edel Banahan, after rejecting a professional negligence defence that the court found unsupported.
In a judgment delivered on 6 March 2020, Mr Justice Meenan said Loomes’s firm had been instructed to represent the defendants in proceedings over the will of Rippington’s late sister, Celine Murphy, and in obtaining a court order concerning the administration of her estate. The firm later sought payment of its professional fees.
Rippington, who appeared in person for herself and the other defendants, alleged that the legal services were “not up to a professional standard”. The judgment said she gave no particulars of the alleged negligence and had not obtained an expert report. The judge said the court had previously advised her that an expert report was required, during an unsuccessful application to adjourn.
Loomes gave evidence about his instructions and the services his firm provided. Justice Meenan said he accepted that evidence and that the services were set out in a detailed bill of costs. The judge said Rippington had failed to substantiate her negligence allegation. He also said an unsubstantiated negligence allegation could not properly be used to defend a claim for professional fees.
The dispute followed earlier proceedings in which the defendants had challenged Murphy’s will. That challenge was dismissed, and an appeal was unsuccessful. The judgment also recounted later unsuccessful attempts by Rippington to challenge a 2012 order appointing an administrator pendente lite to preserve and administer estate assets. In separate proceedings, the High Court had made an Isaac Wunder order restricting her from starting proceedings against certain named defendants without leave from the President of the High Court.
Justice Meenan concluded that Loomes was entitled to succeed against the defendants in recovering an amount for legal services. He did not determine the amount in this judgment. He said it could be determined through an adjudication of costs or measured by the court, and that he would hear the parties on the issue.