{"id":136007,"date":"2025-10-21T12:14:09","date_gmt":"2025-10-21T12:14:09","guid":{"rendered":"https:\/\/www.europesays.com\/ie\/136007\/"},"modified":"2025-10-21T12:14:09","modified_gmt":"2025-10-21T12:14:09","slug":"high-court-orders-solicitor-to-finalise-case-won-by-elderly-couple-13-years-ago-the-irish-times","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/ie\/136007\/","title":{"rendered":"High Court orders solicitor to finalise case won by elderly couple 13 years ago \u2013 The Irish Times"},"content":{"rendered":"<p class=\"c-paragraph paywall b-it-article-body__text--left\">The <a href=\"https:\/\/www.irishtimes.com\/tags\/high-court\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/high-court\/\">High Court<\/a> has ordered a <a href=\"https:\/\/www.irishtimes.com\/tags\/cork\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/cork\/\">Cork<\/a> solicitor to finalise a case that a couple won against a bank 13 years ago, and pay compensation to them arising from the inadequate standard of legal services.<\/p>\n<p class=\"c-paragraph paywall \">Solicitor John Moylan, of Richard Moylan and Co in Mallow, Co Cork, was ordered by the president of the High Court on Monday to finalise the case of the couple and pay them \u20ac1,500 compensation.<\/p>\n<p class=\"c-paragraph paywall b-it-article-body__text--left\">Mr Justice David Barniville said it was \u201cregrettable\u201d that the solicitor had chosen \u201cto put his head in the sand\u201d on the matter and the <a href=\"https:\/\/www.irishtimes.com\/tags\/legal-service-regulatory-authority-lsra\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/legal-service-regulatory-authority-lsra\/\">Legal Services Regulatory Authority<\/a> (LSRA) had to bring an application before the court.<\/p>\n<p class=\"c-paragraph paywall b-it-article-body__text--left\">Last year, the LSRA considered a complaint made by the couple (both in their 70s) and determined that the legal services provided by Mr Moylan were of an inadequate standard. This was because there had been a significant failure on his part to have a matter from 2012 finalised after a judgment of \u20ac205,941 against the couple in favour of the bank was set aside.<\/p>\n<p class=\"c-paragraph paywall \">James Daly BL, for the LSRA, told the court the LSRA had directed that Mr Moylan finalise the matter between a bank and the couple immediately and at no further costs to the couple. <\/p>\n<p class=\"c-paragraph paywall b-it-article-body__text--left\">It had also directed that the compensation be paid for any financial or other loss suffered by the couple because of the legal services provided being of an inadequate standard. <\/p>\n<p class=\"c-paragraph paywall \">In an affidavit opened to the court, LSRA complaints and resolutions officer John Carrig said the couple had made a complaint in August 2023. Mr Moylan had represented them in High Court proceedings arising out of a dispute over a loan agreement with a bank, which had ended in 2012 in their favour with costs also awarded to them.<\/p>\n<p class=\"c-paragraph paywall b-it-article-body__text--left\">They complained that the bank still had not signed off on this and they  were unable to get the solicitor to progress it. They also complained that their telephone calls were unanswered and not returned and they said they were advanced in years and wanted their affairs in order.<\/p>\n<p class=\"c-paragraph paywall b-it-article-body__text--left\">They said they could have retired 20 years earlier but instead were struggling to continue to farm their lands in their old age.<\/p>\n<p class=\"c-paragraph paywall \">The couple said they wanted the matter brought to an end.<\/p>\n<p class=\"c-paragraph paywall \">In a letter in December 2023 the couple said they had lost out on early retirement pension and their lives had been taken over by the matter.<\/p>\n<p class=\"c-paragraph paywall \">They claimed over the years they had telephoned and written to Mr Moylan\u2019s office but found it impossible to contact him.<\/p>\n<p class=\"c-paragraph paywall \">The court heard that Mr Moylan, in a letter in November 2023, said the judgment had been set aside and the matter was remitted for plenary hearing. <\/p>\n<p class=\"c-paragraph paywall \">He advised that the overall matter was disposed on the basis that the bank would make no further claim against the couple.<\/p>\n<p class=\"c-paragraph paywall \">In January last year, Mr Moylan stated he was attempting to have the matter ruled by the court in accordance with the settlement agreed with the bank\u2019s solicitors and he hoped to have news within two weeks.<\/p>\n<p class=\"c-paragraph paywall b-it-article-body__text--left\">The High Court heard that a number of letters to Mr Moylan last year were not responded to and there was no response from the solicitor to an invitation to resolve the matter informally.<\/p>\n","protected":false},"excerpt":{"rendered":"The High Court has ordered a Cork solicitor to finalise a case that a couple won against a&hellip;\n","protected":false},"author":2,"featured_media":109512,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[76],"tags":[1877,18,10476,19,17,81087,132],"class_list":{"0":"post-136007","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-sports","8":"tag-cork","9":"tag-eire","10":"tag-high-court","11":"tag-ie","12":"tag-ireland","13":"tag-legal-service-regulatory-authority-lsra","14":"tag-sports"},"share_on_mastodon":{"url":"","error":""},"_links":{"self":[{"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/posts\/136007","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/comments?post=136007"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/posts\/136007\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/media\/109512"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/media?parent=136007"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/categories?post=136007"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/tags?post=136007"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}