The Court of Appeal has dismissed an appeal by Debra James against a High Court decision striking out her civil claim against barrister Derek Shortall. The court upheld the decision on the basis that there was no credible evidence from which a trial court could infer deceit or conspiracy. The appeal concerned Shortall only; it did not determine the continuing proceedings against solicitor James Watters.
James had engaged Watters and Shortall in 2018 over her entitlement to an Irish contributory old age pension. She believed credited UK contributions should be counted under EU rules. Shortall advised her to complete the social welfare appeal process before considering judicial review. No judicial review was ever brought.
James alleged that the lawyers knowingly encouraged her to pursue a groundless case to obtain fees. She said Shortall reinforced her understanding of the law and failed to correct it. The Court of Appeal treated the claim as one of deceit and conspiracy, despite negligence-style allegations in her pleadings, and assessed whether the agreed facts and contemporaneous documents could credibly support the inferences she relied on.
The court noted that Shortall advised against an immediate judicial review, recommended further steps within the social welfare system and sought additional information before giving a final view. He received €500 plus VAT for a consultation and preliminary advice. The court found no evidence connecting him to later fee requests made by Watters. It also noted that no judicial review was started and that Shortall received no payment for one.
The court said it was not deciding whether James’s underlying interpretation of EU and Irish social welfare law was correct. That issue had not been determined in judicial review proceedings. It also did not resolve a dispute about the advice given at the June 2018 consultation, but assumed James’s account for the purpose of the application. Even on that assumption, it found no credible basis to infer that Shortall knowingly gave false advice or intended to induce her to bring hopeless proceedings.
The judgment, delivered on 10 May 2023, dismissed the appeal and upheld the High Court’s strike-out of the claim against Shortall. The court proposed that Shortall receive his appeal costs, subject to James having 14 days to file a written submission arguing for a different order, with the same period for Shortall to respond.