The High Court has dismissed an appeal by T.C. Gerard O’Mahony against a Solicitors Disciplinary Tribunal ruling that there was no prima facie case of misconduct by solicitor Joan O’Neill for inquiry.
In a judgment delivered on 26 October 2007, Johnson P. said he would not change any part of the tribunal’s findings. He said he had considered the papers and affidavits, heard evidence from O’Mahony and O’Neill, and considered submissions from both sides over two days.
The complaints concerned O’Neill’s work in a dispute involving the Law Society of Ireland. O’Mahony alleged that a bill of costs was prepared on O’Neill’s instructions and taxed in his absence in February 2000 for £10,174.48. He also alleged that his attendance had been misrepresented in connection with a certificate of taxation issued in March 2000, when he said he was in hospital recovering from heart surgery and unaware of the proceedings.
Other allegations concerned registration of a judgment in Stubbs Gazette and as a judgment mortgage against his residence, costs charged on a solicitor-and-client basis, access to information, and O’Neill’s conduct towards him. These were allegations considered in the disciplinary proceedings, not findings of misconduct by the High Court.
The tribunal had dismissed the application after a full hearing, finding no prima facie case in relation to each allegation. The High Court judge endorsed those findings, relying also on the evidence heard in the appeal. He said O’Neill had acted on her client’s instructions and that the allegations did not establish misconduct. He described her evidence as clear and cogent and concluded that she had behaved honourably, honestly and efficiently.
The court’s order was to dismiss O’Mahony’s appeal. The judgment did not make a separate order concerning the underlying taxation or judgment registration.