Court of Appeal dismisses appeal of High Court ruling affirming Solicitor’s Disciplinary Tribunal rejection of a complaint against a solicitor who allegedly misinformed the Court as to the timing of proceedings before the Court, on the grounds that: 1) there had been no error on the part of the Tribunal in dismissing the complaint; and 2) there was no evidence at all which a complaint of this seriousness could properly be grounded and no evidence of impropriety on the part of the solicitor.
Solicitors' professional conduct – solicitors conduct during alleged breach of a 1998 exclusive trading agreement for Ireland – complaint to the Solicitor’s Disciplinary Tribunal – High Court dismissed appeal of Tribunal which rejected the complaint against the solicitor – Ord. 56A of the Rules of the Superior Courts – Article 1(1) of the Rules of the Superior Courts (Mediation and Conciliation) 2010 (S.I. No. 502 of 2010) – ADR process – Mr. McCool maintains that in seeking to explain his non-attendance when the matter was first called for hearing at 10.30am Mr. Monaghan had (falsely) informed the Court that his office had been contacted by the Central Office to change the time from to 10.30am to 2pm – decision of the Solicitors’ Disciplinary Tribunal – whether there was any evidence of impropriety on the part of Mr. Monaghan – no evidence at all which has been adduced on the material before us upon which a complaint of this seriousness could properly be grounded – there had been no error on the part of the Tribunal in dismissing the complaint – appeal dismissed.