By Daniel Keane
The Supreme Court has overturned a £100,000 damages award to Charles Coonan arising from the decision not to extend his term as State Solicitor for North Kildare and Wicklow beyond the age of 65.
Mr Coonan had held the post since August 1974. His written conditions of appointment provided that he could remain until 65 and that, if in good health, the Attorney General could, with the concurrence of the Minister for Finance, extend his retirement age up to 70.
For many years, extensions had routinely been granted to State Solicitors who applied. Mr Coonan sought an extension in January 2000, before his 65th birthday that November. However, following a change of policy, the Attorney General decided in February 2000 that no further extension would be granted.
Mr Coonan sued, arguing that the longstanding practice formed part of the terms of his appointment or gave rise to a legitimate expectation that he would be allowed to continue. The High Court awarded him £100,000 in January 2001.
Mr Justice Francis D Murphy, giving judgment in the Supreme Court, held that the contractual wording expressly gave the Attorney General a discretion. The court found no basis for implying a term requiring advance notice before that policy could be changed.
The court also rejected the argument that the doctrine of legitimate expectation could provide Mr Coonan with the substantive benefit of remaining in office. In ordinary terms, legitimate expectation can sometimes protect a person's expectation of fair procedure where a public body has created an expectation through its conduct. The Supreme Court held that it could not be used here to override the discretion expressly reserved in the appointment terms.
Murphy J acknowledged the harsh effect of the decision on Mr Coonan and said his expectations were understandable. However, the court concluded that he had not established a legal entitlement to damages for breach of contract or otherwise.
The State's appeal was therefore allowed and the High Court award was set aside.