Judgment: 2011-01-17 · Court archive

High Court dismisses appeal over solicitor misconduct complaint

The court upheld the Solicitors Disciplinary Tribunal’s conclusion that no prima facie case of misconduct had been made out against the solicitor.

High Court · [2011] IEHC 19

Who, what, where, when and why

Who
  • Thomas Sweeney (Appellant)
  • Anthony Hanahoe (Respondent)
What

The court upheld the Solicitors Disciplinary Tribunal’s conclusion that no prima facie case of misconduct had been made out against the solicitor.

Where

No place detail is included in this summary.

When

Judgment:

Why

Read the report below for the decision and any reasons given.

The High Court has dismissed Thomas Sweeney’s appeal against a Solicitors Disciplinary Tribunal decision that no prima facie case of misconduct had been made out against his solicitor, Anthony Hanahoe.

In a judgment delivered on 17 January 2011, President of the High Court Kearns said the tribunal had considered the issues “fully and comprehensively” and that its decision was not deficient.

Mr Sweeney had complained to the tribunal that Mr Hanahoe failed to discharge his professional responsibilities in several ways. On appeal, he argued that the tribunal had not adequately considered his complaint that his solicitor failed to obtain a written apology from the defendants in his High Court proceedings. He also said the tribunal had been “remiss” in its investigation and described its findings as “peripheral and inadequate”.

The earlier High Court proceedings were settled on 7 October 2004 for €150,000 and costs. The judgment said the settlement included a written apology from the Christian Brothers, set out in terms sent to Mr Sweeney by letter dated 24 November 2004. Kearns said Mr Sweeney had received a “full and adequate apology”.

The judgment noted that the settlement was higher than compensation awarded by the Residential Institutions Redress Board and the amount awarded on appeal from that board’s decision. It also referred to a hunger strike by Mr Sweeney before the settlement.

The tribunal’s decision was dated 27 October 2010. Kearns said Mr Sweeney’s affidavit grounding the appeal disclosed no new material or information that would cast doubt on the tribunal’s findings. The court dismissed the appeal; the judgment does not state any further order.

Read the original court judgment

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