The Supreme Court has dismissed Elizabeth Shannon’s challenge to a Circuit Court inheritance case heard in Sligo, finding no evidence that anything improper occurred during a brief meeting between the trial judge and counsel in private chambers.
The underlying proceedings concerned the estate of Hilda Annie Shannon, mother of Elizabeth Shannon and the three notice parties. In February 1997, Elizabeth Shannon and her sister Gwendoline brought claims under section 117 of the Succession Act 1965, alleging their mother had failed in her moral duty to make proper provision for them.
Judge Patrick McCartan rejected Elizabeth Shannon’s claim but upheld Gwendoline Shannon’s. Malcolm Shannon was ordered to provide Gwendoline with a dwelling house and five acres within six months, or alternatively £50,000. Elizabeth was also given a conditional right of residence in the alternative accommodation.
More than three years later, Elizabeth Shannon sought judicial review. She alleged that much of the Circuit Court hearing had occurred in the judge’s private chambers without her, her sister or their solicitor present, creating a suspicion of bias.
Affidavits from solicitors and counsel involved in the original case contradicted that account. They said all evidence was heard in open court. Two counsel acknowledged a short lunchtime meeting with Judge McCartan but stated that no evidence or submissions were made there.
Chief Justice Keane said the High Court had been seriously misled by the original affidavit describing the proceedings as having taken place largely in chambers. He held that the judicial review application was wholly without foundation.
The Supreme Court said judges may, in appropriate cases, invite lawyers into chambers to explore possible resolution of issues without clients present. In this family dispute, that course was permissible, although such meetings should be approached with caution depending on the circumstances.
The appeal was dismissed and the High Court order affirmed.