Solicitors (Ir.) Act, , and an Application by Sir James O'Connor

• Jurisdiction: Ireland
• Judgment Date: 16 December 1930
• Date: 16 December 1930
• Court: Unspecified Court

In re the Solicitors Act and Sir James O'Connor

In the MATTER of the SOLICITORS (IRELAND) ACT

1898

and in the MATTER of an APPLICATION by SIR JAMES O'CONNOR

Solicitor - Readmission - Applicant struck off the roll at his own request - Admitted to the Bar - Appointed Lord Justice of Appeal in Ireland - Abolition of his judicial office - Admitted to the English Bar - Disbarred at his own request - Condition attached to granting application for readmission as solicitor - Attorneys and Solicitors Act (Ir.), 1866 (29 & 30 Vict. c. 84), sect. 45 - Solicitors (Ir.) Act, 1898 (61 & 62Vict. c. 17), sects. 51, 59, 60 - Solicitors Act, 1899 (62 Vict. c. 4),sects. 1, 2 - Supreme Court of Judicature Act (Ir.), 1877 (40 & 41Vict. c. 57), sects. 11, 78 - Courts of Justice Act, 1924 (No. 10 of 1924),sect. 19, sub-sect. 2.

A solicitor, admitted in 1894, was struck off the roll at his own request in 1900 in order to be called to the Irish Bar. He was called to the Bar in the latter year. In 1918 he became a Judge of the Chancery Division of the then High Court in Ireland, and later in the same year a Lord Justice of the then Court of Appeal in Ireland. He held the latter office until 1924, when, following the change of government in Ireland, the office was abolished. Subsequently he was called to the English Bar, but, owing to illness, was compelled to abandon his practice. He was then disbarred both in Ireland and in England at his own request, with a view to his being readmitted a solicitor in the Irish Free State. He now applied to be so readmitted. The Incorporated Law Society did not oppose the application.

Held that the application be granted, having regard to the special circumstances of the case, viz.: that the applicant did not retire from his judicial office voluntarily, but owing to its abolition, that as a solicitor he would not be an officer of, or practise in, any Court in which he sat as a Judge; that upwards of five years had elapsed since he had ceased to hold judicial office, and during the greater part of that time he had lived out, of Ireland; and that the reason for the application was the state of his health (which required active occupation) — this motive displacing the idea of any improper or corrupt consideration behind the application. The applicant was, however, required to give an undertaking that he would not seek personal audience in any of the Courts.

On an application for readmission as a solicitor the Court requires a full showing of the applicant's life in the period between the date when he left the profession and the application for reinstatement, in order to be satisfied that there was not, in the events of the intervening years, anything incompatible with the practice of a solicitor of these Courts, or any impediment in the way of the applicant's return to his former profession.

Motion.

The applicant, Sir James O'Connor, who was formerly a Lord Justice of Appeal of the Court of Appeal in Ireland, applied for an order that he be readmitted as a solicitor of the High Court of Justice in the Irish Free State, and that his name be placed on the roll of solicitors.

The application was grounded on his affidavit, sworn on 9th November, 1929, in which he stated:—

"1. On 23rd November, 1894, I was admitted a solicitor of the then Supreme Court in Ireland, and I practised as a solicitor up to the year 1900.

2. By order of the Lord Chancellor of Ireland, dated 14th May, 1900, made at my request, my name was struck off the roll of solicitors in order that I might seek call to the Bar, and in 1900 I was called to the Bar.

3. I have now been disbarred with a view to being readmitted as a solicitor."

The application coming on for hearing, the Chief Justice intimated that a fuller affidavit was necessary, and also that notice of the application must be served on the Attorney-General. Accordingly, a subsequent affidavit was sworn on 2nd December, 1929, by the applicant, in which he stated:—

"1. I was born on 1st April, 1872, I was called to the Irish Bar in 1900. I was called to the Inner Bar in 1908. I was appointed Solicitor-General for Ireland in 1914. I was appointed Chancery Judge in 1918. I was appointed Lord Justice of Appeal in 1918. I held the last-named office until 1924, when the British Courts then operating in Ireland were dissolved.

2. My retirement from the Bench was not in any sense voluntary: it was compulsory retirement, by reason of the abolition of office.

3. The British Government made no offer to any of the then Irish Judges of alternative employment, so that Judges were obliged to seek compensation for abolition of office under the terms of the Treaty of 1921.

4. A tribunal was accordingly constituted to settle the terms of our compensation. On the hearing before that tribunal the British Treasury argued that our compensation should be diminished owing to the fact that some of the Judges at least were of an age to seek, and should seek, other employment. The Irish Judges strenuously resisted this argument, but it was allowed to prevail. For the purpose of enabling the tribunal to assess the compensation and allowances the ex-Chief Justice, Sir Thomas Molony, prepared a table of statistics, showing the average length of service of the Irish Judges, the dates of their retirement, and of their deaths. According to this table the computation was that I would remain in office for 16 years before retirement, and would therefore be entitled, as compensation, to my full pay for 16 years and two-thirds pension thereafter. Though this table was not challenged, nor was any evidence whatever given by the British Treasury to contravene it, yet, yielding to the argument of the Treasury, in my ease the tribunal assessed my compensation on the basis of only 11 years' expectation of office before retirement, and I believe the same grading-down prevailed in the case of other Judges.

5. On my retirement I went to England, and in 1925 was...