Rights of audience for UK barristers in Irish Courts.

Fred Swanson

This post has been deleted.

Pat Mustard

I'm not aware of any right of audience for UK barristers in Irish Courts.

flutered

is not gilligan using uk barristers at them moment, did not the judge have something to say about the presentation of some papers?

Pat Mustard

flutered wrote: »

is not gilligan using uk barristers at them moment, did not the judge have something to say about the presentation of some papers?

Giovanni di Stefano has no legal qualifications and is doing serious time in the UK.
http://www.independent.ie/irish-news/courts/john-gilligans-bogus-lawyer-giovanni-di-stefano-jailed-for-14-years-29161378.html

coylemj

Peter Robinson (former DUP MP and NI First Minister) was up in court here in the south back in 1986 for parading with a gang of loyalist paramilitaries though Clontibret in Co. Monaghan and causing general mayhem, including damaging a Garda station and assaulting two Gardai. They were protesting against the recently signed Anglo-Irish Agreement. He was arrested and charged and was represented by a NI barrister who IIRC had to be called to the bar in Dublin in a hastily-arranged ceremony in order to gain the right of audience in the courts this side of the border.

Claw Hammer

Pat Mustard wrote: »

I'm not aware of any right of audience for UK barristers in Irish Courts.

UK Barristers have rights of audience under the freedom to provide services as set out in European law eg. Directive 77/249

Pat Mustard

Claw Hammer wrote: »

UK Barristers have rights of audience under the freedom to provide services as set out in European law eg. Directive 77/249

And do they have to do some qualified lawyer transfer test?

Pro Hoc Vice

Claw Hammer wrote: »

UK Barristers have rights of audience under the freedom to provide services as set out in European law eg. Directive 77/249

When you say UK barristers are you talking about Barristers called in England & Wales or ones called in NI or an Advocate in Scotland.

I was not aware that any of the above had an automatic right to appear in an Irish Court, I believe that certain formalities must be followed including registration.

Claw Hammer

Pat Mustard wrote: »

And do they have to do some qualified lawyer transfer test?

It depends on whetther they are appearing on a temporary basis under the freedom to provide services or on a permanent basis under the freedom of establishment. In the first case no, in the second case yes.

Pro Hoc Vice

Pat Mustard wrote: »

And do they have to do some qualified lawyer transfer test?

To the best of my knowledge it is a formality (once vetting criteria are satisfied) but does I believe require registration.

Claw Hammer

Pro Hoc Vice wrote: »

To the best of my knowledge it is a formality (once vetting criteria are satisfied) but does I believe require registration.

The transfer test has to be proportionalso it depends on the lawyers previous qualifications and experience.

Pro Hoc Vice

Claw Hammer wrote: »

The transfer test has to be proportionalso it depends on the lawyers previous qualifications and experience.

To the best of my knowledge between Ireland and NI and England and Wales once a certain number of years practice it's just apply and be called.

I assume in relation to a one off case it is up to the judge to give audience.

kidneyfan

The issue with Gilligan I think is that he can't get trustworthy representation in Ireland. Denham's remarks today were a joke! As if Paddy Muck SC and Biddy Sh1te BL can hold a candle to Sir Michael Bromley-Martin QC or Sir John Hardy QC (knighthoods hypothetical).