The High Court has dismissed a renewed disciplinary appeal against Dublin solicitor Ann O’Neill and restrained the complainant from bringing further complaints against her arising from the same family law proceedings.
Edward Stevenson appealed a Solicitors Disciplinary Tribunal decision of 29 October 2009 which found no prima facie case for an inquiry into allegations concerning O’Neill, of McKeever Rowan Solicitors at Harbourmaster Place in Dublin’s IFSC.
The central complaint related to a communication O’Neill had with Anglo Irish Bank on 15 October 2004 concerning bank accounts held by Stevenson. The communication arose during family law proceedings then before the High Court on appeal from the Circuit Court.
Mr Justice Kearns noted that the same underlying complaint had already been examined several times. In February 2006, the Disciplinary Tribunal found no prima facie case of misconduct. Stevenson appealed that decision, but High Court President Mr Justice Finnegan dismissed the appeal in July 2006, finding no reasonable prospect that the complaint would succeed at an inquiry.
A separate complaint made in 2008, alleging that O’Neill had caused a mark to be placed on the Circuit Court record with intent to interfere with it, was also rejected by another tribunal.
Stevenson initiated the present complaint in May 2009. The tribunal concluded that it replicated the earlier complaint and was already determined, a legal principle known as res judicata: once the same dispute has been finally decided, it cannot ordinarily be litigated again between the same parties.
The High Court agreed. Mr Justice Kearns held that the tribunal had been entitled, and indeed obliged, to reject the renewed complaints following the earlier High Court judgment.
He characterised the appeal as vexatious and an abuse of process. In addition to dismissing it, the court made an "Isaac Wunder" order restraining Stevenson from bringing further complaints against O’Neill arising from the family law proceedings.