The Supreme Court has allowed Eugene F Collins to cease acting for John Gibbons in his appeal, after finding that the relationship between the solicitor firm and its client had broken down. The Court also set a peremptory hearing date for outstanding costs issues and directed Mr Gibbons to file written submissions by March 10.
The ruling, delivered on February 8, 2021, followed the Court’s judgment in the underlying appeal on December 11 of the previous year. The Court said the defendants, Daniel Doherty and ADT Investments Limited, had succeeded and had been substantially successful in defending the proceedings. They were seeking their full costs across the High Court, Court of Appeal and Supreme Court.
The firm’s application to come off record arose from a dispute with Mr Gibbons about legal fees. The ruling records that the legal team had acted in the Court of Appeal on the basis that it would be paid only if the appeal succeeded and costs were awarded to Mr Gibbons. Counsel had also acted in the High Court on a similar basis, under instructions from different solicitors.
For the further appeal to the Supreme Court, the same legal team said it would not continue on that basis. The ruling says correspondence appeared to establish an agreement for Mr Gibbons to pay fees on specified terms. The firm said he had not complied with those terms and told him it did not wish to provide further services. Mr Gibbons opposed the application and suggested he might complain to the Legal Services Regulatory Authority if the firm did not continue to act.
The Court said there was at least an arguable case that the agreed terms had not been met, and that it would not be appropriate to require the firm to continue acting. It therefore granted the motion for Eugene F Collins to come off record. The ruling did not determine the fee dispute or the outstanding costs claim.
The Court listed March 1 for a mention before MacMenamin J. to establish the up-to-date position. It directed Mr Gibbons, personally or through any new legal team, to file written submissions on costs by March 10. The costs issues were fixed for hearing on March 18, and the Court said that date would not be adjourned. It said Mr Gibbons should act immediately if he wished to engage other lawyers.