The High Court has overturned three of four professional misconduct findings against solicitor Declan O’Callaghan arising from a property transaction involving County Mayo lands, while upholding a finding that he acted where there was a clear conflict of interest.
The Solicitors Disciplinary Tribunal had found O’Callaghan guilty on all four allegations in June 2024 and later recommended that his name be struck off the Roll of Solicitors. His High Court appeal proceeded as a full rehearing, with witnesses giving evidence and being cross-examined.
The dispute centred on the December 2006 transfer of land owned by Nirvanna Property Holdings Limited to builder Frederick Preston. The transfer recorded consideration of €250,000, but Nirvanna said that money was never paid.
O’Callaghan maintained that the transfer was not an ordinary sale but formed part of a joint venture involving Preston and Nirvanna director Tom Fleming, linked to a €400,000 Bank of Ireland facility. The High Court found that Nirvanna had not disproved that account beyond reasonable doubt.
Mr Justice Micheál O’Higgins therefore dismissed allegations that O’Callaghan failed to ensure the €250,000 consideration was paid, provided inadequate professional services and continued acting for Preston in later recovery proceedings.
However, the court upheld the conflict-of-interest allegation. It found that Nirvanna, Fleming, Preston and the proposed joint-venture company were all connected to O’Callaghan’s firm as clients, while the bank’s evolving security requirements ultimately involved transferring land worth €250,000 from Nirvanna into Preston’s personal ownership.
The judge held that O’Callaghan should at least have warned Fleming and Nirvanna to obtain independent legal advice. Acting without doing so represented a serious falling short of the standards expected of a solicitor and amounted to professional misconduct, even though dishonesty had not been proved.
The court has not yet determined O’Callaghan’s sanction. The judge said the dismissal of three charges would have a significant bearing on that later decision.