High Court order restrains solicitor

AN interim order was made at the High Court last night restraining a partner in a Cork firm of solicitors from carrying on as a solicitor in the firm or carrying out any transaction with the company’s bank accounts.

Mr Justice Patrick McCarthy granted the order against Deirdre Foley of Foley McNally Goldberg, 42 Pope’s Quay, Cork.

The application was sought by two other partners in the firm, Saundra McNally and Bernice Campbell.

Because the judge was in Cork for personal injury cases he said the application should only be before him if it was so urgent that it could not wait until it was brought before the High Court in Dublin this week.

Kieran Hughes, barrister, who brought the application asked for some time to consult with the plaintiffs, Ms McNally and Ms Campbell, on the urgency of the matter as he was anxious not to “sour” matters. He returned to court at 6.30pm and indicated that the application was of sufficient urgency to be brought in Cork.

At 7.15pm the judge granted an interim order restraining Ms Foley from carrying on as a solicitor in the practice or making transactions on the company’s accounts at AIB Patrick Street and Ulster Bank Patrick Street.

Mr Justice McCarthy said that because the interim order represented “such a Draconian step” he would return the case to the High Court sitting in Dublin on Thursday. Ms Foley, who was not present for the application, was to be personally served with the order last night.

Mr Hughes accepted that the plaintiffs had no right to apply to restrain Ms Foley from operating as a solicitor as she had a right to earn a living. However, they were applying to restrain her from operating as a solicitor under the company name. Mr Hughes referred to a number of property transactions in his application.

Ms Foley continued to work in the offices at 42 Pope’s Quay up to yesterday.

Mr Hughes said the company’s insurance company had been informed of matters. He said the Law Society would be informed this morning.

After opening some details to the judge in relation to properties and mortgages, Mr Hughes said on behalf of Ms Campbell and Ms McNally: “The more we learn the more alarmed we are.”

The judge granted the interim order against Ms Foley.