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Right of Audience

  • 27-05-2017 4:01pm
    #1
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭


    I don't believe there is any, but I'll ask anyway

    Are there any situations under common law where contrary to S17 of the Courts Act 1971 that a judge can revoke a solicitors right of audience, or has the issue ever even arose in the first place to allow a common law exception?

    What ever happened of the Damien Tansey judicial review which involved the subject does anyone know?


Comments

  • Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    GM228 wrote: »
    I don't believe there is any, but I'll ask anyway

    Are there any situations under common law where contrary to S17 of the Courts Act 1971 that a judge can revoke a solicitors right of audience, or has the issue ever even arose in the first place to allow a common law exception?
    NO.
    GM228 wrote: »

    What ever happened of the Damien Tansey judicial review which involved the subject does anyone know?
    From Irish Times Oct 16 2007
    Judge's treatment of solicitor wrong
    A District Court judge's refusal to hear a solicitor defend his client in court was "entirely misconceived in law and wrong", a High Court judge ruled yesterday when upholding the solicitor's challenge to Judge Oliver McGuinness's conduct.

    Mr Justice John Hedigan said solicitor Damien Tansey, Wine Street, Sligo, had acted with dignity and without further ado - and greatly to his credit - had withdrawn from the court. He also noted that Judge McGuinness had accepted his action was wrong.
    Mr Justice Hedigan granted Mr Tansey an order quashing the decision of Judge McGuinness not to hear Mr Tansey in his court. He also granted a declaration that the decision of the judge was unlawful, in excess of his powers and contrary to natural and constitutional justice.
    The incident occurred on March 29th last when the judge told Mr Tansey he would not grant him a right of audience. The judge, who had found Mr Tansey to be in contempt of court 11 years previously, believed Mr Tansey's appeal against that decision was still unresolved.


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