Petitions of Lynch and Daly

JurisdictionIreland
Judgment Date30 January 1970
Date30 January 1970
Docket Number[1968. Nos. 2958 P 2951 P.]
CourtHigh Court
(H.C.)
Petitions of Lynch and Daly

Veterinary surgeons -Scheme for eradication of brucellosis - Application for payment containing false information -"Conduct disgraceful to him in a professional respect" - Cancellation by High Court of decision by professional body - Veterinary Surgeons Act, 1931 (No. 36 of 1931), s. 36.

The petitioners were qualified veterinary surgeons whose names appeared on the Register of Veterinary Surgeons for Ireland. All vaccinations of heifer calves pursuant to the brucellosis eradication scheme of the Department of Agriculture were performed by veterinary surgeons at the request of the owner of the animals and at the expense of the Department. The Department did not make any payment for the vaccination of an animal which was more than six months old or for a second vaccination of any animal. Daly was engaged by Lynch to act as his assistant and it was agreed that Daly was to receive a moiety of the payments received by Lynch from the Department for such vaccinations. Most vaccinations in Lynch's practice were performed by his assistants and he relied on them to keep the necessary records, but he did not supervise them in this respect nor did he employ any clerical staff. Lynch refused to make any payment to Daly in respect of such vaccinations until Lynch's own claim for vaccination fees had been cleared by the Department. Accordingly, Daly prepared the necessary claim forms on behalf of Lynch from such records as were available, and Lynch signed the claim forms without checking their contents and certified that all the relevant vaccinations had been effected in accordance with the scheme. An investigation by the Department revealed that Lynch had claimed payment in respect of (a) animals which had been vaccinated previously and (b) animals which...

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6 cases
  • Walter Prendiville v The Medical Council, Ireland and Attorney General
    • Ireland
    • High Court
    • 14 December 2007
    ...2005 EWHC 1896 MEDICAL PRACTITIONERS ACT 1978 S69(2) O LAOIRE v MEDICAL COUNCIL UNREP KEANE 27.1.1995 2000/21/7913 LYNCH & DALY, IN RE 1970 IR 1 DOUGHTY v GENERAL DENTAL COUNCIL 1987 3 AER 843 DENTISTS ACT 1984 (UK) ROYLANCE v GENERAL MEDICAL COUNCIL 2000 1 AC 311 PEREZ v BORD ALTRANAIS 2......
  • Corbally v Medical Council and Others
    • Ireland
    • Supreme Court
    • 4 February 2015
    ...been considered in a number of authorities in Ireland and England...". 66 At p. 100 Mr. Justice Keane referred to Re Lynch and Daly [1970] I.R. 1, which was a veterinary case, but the statutory regulation was in similar terms. Keane J. noted that the practitioner, in order to be sanctionab......
  • Coyne and Another v an Bord Pleanála and Others; Coyne and Another v an Bord Pleanála and Others
    • Ireland
    • High Court
    • 21 July 2023
    ...Dutch Shell Plc ( 26th May 2021 C/09/571932 / HA ZA 19-379). 412 East Donegal Co-Operative Livestock Mart Limited v The Attorney General, 1970 IR 1. 413 In re a Ward of Court (withholding medical treatment) (No. 2) 1996 2 IR 414 Cited as recognised in Ryan v The Attorney General 1965 IR 294......
  • Munster Wireless Ltd v Judge Terence Finn
    • Ireland
    • High Court
    • 28 June 2018
    ...a right to assistance from a friend who may take notes, make suggestions and give advice during the hearing. ( McKenzie v. McKenzie [1970] I.R. 1 (at p. 33)). 22 The involvement of the McKenzie friend in litigation was traditionally limited to taking notes, making suggestions and giving ad......
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