Supreme Court dismisses appeal from High Court, and affirms dismissal of claim of alleged collaboration between solicitor and senior counsel against client, on grounds that no relevant evidence had been adduced at trial to ground the claim.
MacMenamin J (nem diss): Appeal from High Court (Birmingham J) - dismissal of claim - claim that solicitor used undue influence, improper incentives and coercion to induce senior counsel to collaborate against plaintiff - negotiation of settlement in 1985 - alleged negligence in negotiation - landlord and tenant claim - retention of senior counsel chosen by plaintiff - attempt to re-enter case in 1987 when settlement did not work out to plaintiff's satisfaction - claim against solicitor heard in 1992 - claim dismissed in High Court (Carroll J) on grounds that solicitors had relied on advice of senior counsel - claim against senior counsel in 1995 - claim dismissed by High Court (McGuinness J) in 1999 - appeal dismissed by Supreme Court - letter obtained by plaintiff in course of action from former solicitors to insurers forming basis of claim for alleged conspiracy with senior counsel - whether conduct of solicitor undermined plaintiff's right to fair trial - function of appeal court - findings of fact pre-eminently a matter for trial judge - rejection by trial judge of allegation of conspiracy between solicitor and senior counsel - consideration by trial judge of surrounding circumstances - insufficient facts to give rise to cause of action -requirement to show that solicitor had induced senior counsel to testify in a certain way - application to adduce new evidence on appeal - refusal of application - comment by trial judge that proceedings "would not have been out of place in a Dickens novel" - whether comment was indicative of bias.