Re D

JurisdictionIreland
Judgment Date01 January 1961
Date01 January 1961
CourtSupreme Court
(S.C.)
In re D

Refusal by Law Society - Whether refusal justified - Solicitors Act, 1954, s. 49.

D. (a Solicitor) was refused a practising certificate by the Incorporated Law Society of Ireland pursuant to s. 49 (1) (g) of the Solicitors' Act, 1954, as a result of complaints made with regard to his conduct by clients. From that refusal he appealed to the Chief Justice under s. 49 (5) of the said Act. Held by the Chief Justice that the Society acted reasonably and was justified in refusing D. a practising certificate. On appeal to the Supreme Court: Held, reversing the Chief Justice: —(1) That when considering whether a certificate should or should not be issued the Society should take into account all the relevant circumstances existing at the time the decision has to be made, having due regard to: (a) The interests of the public; (b) The interests of the profession; (c) The interests of the clients of the Solicitor in question; (d) The interests of the Solicitor himself. (2) Neither the interests of the...

To continue reading

Request your trial
7 cases
  • McDonagh v Clare County Council
    • Ireland
    • High Court
    • 19 Julio 2002
    ...S13 O'BRIEN V WICKLOW CO COUNCIL UNREP COSTELLO EX-TEMP 10.6.1994 N, RE A SOLICITOR UNREP DAVITT 30.6.80 1980/8/1514 D, RE A SOLICITOR 1958 95 ILTR 60 1 O'Sullivan J. delivered the 19th of July, INTRODUCTION 2 The applicants are brothers and members of the travelling community. They seek v......
  • Tomasz Zalewski v The Workplace Relations Commission, an Adjudication Officer [Y], Ireland and the Attorney General
    • Ireland
    • Supreme Court
    • 6 Abril 2021
    ...addressed in the further solicitor's case decided a few months later. ( In the Matter of the Solicitors Act 1954: D.A. Solicitor: [1961] 95 ILTR 60). 40 . The importance of this judgment does not simply rest on the court's confirmation that the features identified in Lynham v. Butler (No.2)......
  • Loftus v Attorney General
    • Ireland
    • Supreme Court
    • 1 Enero 1979
    ...[1947] I.R. 77. 8 Educational Company of Ireland Ltd. v. Fitzpatrick (No. 2)IR [1961] I.R. 345. 9 In re D., a SolicitorDLTR (1958) 95 I.L.T.R. 60. 10 McDonald v. Bord na gConIR [1965] I.R. 217. 11 East Donegal Co-Operative v. The Attorney GeneralIR [1970] I.R. 317. 12 The State (Burke) v. L......
  • Kennedy v Law Society of Ireland
    • Ireland
    • Supreme Court
    • 1 Enero 1999
    ...of Ireland Appellant Cases mentioned in this report:- In re Crowley [1964] I.R. 106; (1962) 99 I.L.T.R. 118. In re D., a Solicitor (1958) 95 I.L.T.R. 60. Solicitor - Practising certificate - Judgment for monies against solicitor - Judgment remaining undischarged - Refusal to issue practisin......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT