The High Court has dismissed an appeal by Patrick McCarthy Senior against a decision not to hold an inquiry into alleged misconduct by solicitor Terence F. Casey, with costs awarded to Casey.
The Solicitors Disciplinary Tribunal decided on 20 April 2012 that there was no prima facie case of misconduct for inquiry. It said the issues raised could or ought properly to be addressed in another forum. McCarthy applied to the Tribunal on 16 December 2011, making seven complaints about Casey’s conduct in connection with his purchase of apartments in a development at Fairgreen, Mallow, Co. Cork, and their qualification for section 23 tax relief.
McCarthy appealed, arguing that Casey’s conduct breached the Solicitor Disciplinary Rules 2003 by tending to bring the solicitors’ profession into disrepute. He also said he was unsure how to interpret the Tribunal’s view that the issues should be canvassed elsewhere.
In a judgment delivered on 30 July 2012, President of the High Court Kearns examined the complaint, affidavits from both sides and related documents and correspondence. He affirmed the Tribunal’s decision, describing the events as bearing the characteristics of a dispute between the parties rather than actionable misconduct in themselves.
The court also said the remedies available in the disciplinary forum were unsuitable to compensate McCarthy for the loss he alleged he had suffered. It noted the avenues he had explored in seeking redress but said it was not the court’s role to advise him on alternative legal options.
The court dismissed the appeal with costs in favour of Casey. It did not determine the underlying dispute about the apartment purchases or tax relief.