Petitions of Lynch and Daly

• Jurisdiction: Ireland
• Court: High Court
• Judgment Date: 30 January 1970
• Docket Number: [1968. Nos. 2958 P 2951 P.]
• Date: 30 January 1970

(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...