Carter -v- Shannon, [2017] IESC 28 (2017)

Docket Number:88/2010
Party Name:Carter, Shannon
 
FREE EXCERPT

SUPREME COURT

Appeal No. 88/2010

O’Donnell J.

MacMenamin J.

Laffoy J.

IN THE MATTER OF THE SOLICITORS ACTS 1954-2002,

AND IN THE MATTER OF M.J .CARTER, A SOLICITOR

Between/

M.J. CarterSolicitor/Respondent

And

Elizabeth ShannonApplicant/Appellant

Judgment of O’Donnell J. delivered on the 24th of May, 2017

1 This case is an appeal against the judgment and order of Kearns P. delivered on the 22nd of February 2010, in which he dismissed the appellant’s appeal against the finding of the Solicitors’ Disciplinary Tribunal of the 25th of November 2009 that there was no misconduct on the part of the respondent solicitor. The appellant is qualified as a solicitor but does not practice. The appellant initiated a complaint in it appears 2006, in respect of the conduct of the respondent solicitor while acting for the appellant and her sister, it appears, during a period from June 1994 until March 1996.

2 The hearing of this appeal has been complicated by a number of factors. In particular the respondent solicitor unfortunately died on the 3rd September 2015. It appears that his daughter is the executrix of the estate. It is not clear if a grant of representation has however been extracted. A firm of solicitors have indicated that they were acting for the unnamed executrix. That firm wrote to the assistant registrar of the Supreme Court by letter of the 20th of January 2017, expressing their view that any possible finding on appeal from the decision of the High Court to uphold the disciplinary tribunal’s finding were personal to the late Michael Carter, and accordingly, such personal issue died with him and an appeal would be moot. They expressed the view that they did not wish to involve the estate unnecessarily in additional costs and expense in an appeal which would appear to be moot and on that basis would not be formally appearing unless directed by the Court to do so. The appellant for her part brought an application returnable for the hearing date of the 9th of February 2017 seeking an order substituting “the daughter and personal representative of the late Mr. J Carter as respondent in the appeal or in the alternative in the event that this appeal is not allowed to proceed because of Mr. Carter’s death, then I apply that all matters, right across the board will be dismissed, which matters include all Mr. Carter’s costs against me and my sister”. At the hearing of the appeal, there was no appearance on behalf of the proposed respondent or indeed...

To continue reading

REQUEST YOUR TRIAL