Re McCarthy

• Jurisdiction: Ireland
• Judgment Date: 01 January 1990
• Date: 01 January 1990
• Court: Supreme Court

(Court of Chief Justice)

In re McCarthy

Applicant not a qualified solicitor - Whether exceptional circumstances justifying appointment.

An application was made by a retired person engaged in carrying out the functions of Commissioner for Oaths and Peace Commissioner to be appointed to the office of notary public in the Bishopstown and western suburbs area of Cork. The applicant was not a qualified solicitor although he had been instructed by an academic lawyer in relation to the particular duties of a notary public. He argued that there was a specific need for his appointment in the area in question. Held by Finlay C.J. in refusing the application, 1, there is a general rule confining the office of notary public to members of the solicitors' profession. In re Alfred McKeonDIJR [1965] Ir. Jur. Rep. 24 followed. 2. There were no exceptional circumstances justifying the appointment of a person other than a qualified solicitor as a notary...