High Court orders Cork solicitor to finalise case which has been hanging over elderly couple for 13 years

John Moylan had represented the couple in High Court proceedings arising out of a dispute over a loan agreement with a bank which had ended in 2012 in their favour but had failed to progress it, court heard

Mon, 20 Oct, 2025 - 17:25

Ann O’Loughlin

A Cork solicitor has been ordered by the High Court to immediately finalise a case which a couple won against a bank 13 years ago but which they say has since taken over their lives.

Solicitor John Moylan of Richard Moylan and Co, Mallow, Co Cork, was ordered by the president of the High Court on Monday to finalise the case of the couple, who are now elderly, and pay them €1,500 compensation.

Mr Justice David Barniville said it was “regrettable” the solicitor had chosen “to put his head in the sand” on the matter and the Legal Services Regulatory Authority (LSRA) had to bring an application before the court.

Last year, the LSRA considered a complaint made by the couple, who are in their 70s, and determined the legal services provided by Mr Moylan were of an inadequate standard because there had been a significant failure on the solicitor’s part to have a matter from 2012 finalised where a judgment of €205,941 against the couple in favour of the bank was set aside.

Counsel for the LSRA, James Daly BL, who moved the application, 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.

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 were of an inadequate standard.

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.

They complained the bank still had not signed off on this and they were unable to get the solicitor to progress it. They also complained their telephone calls were unanswered and not returned and they said they were advanced in years and wanted their affairs in order.

They said they could have retired 20 years earlier but instead were struggling to continue to farm their lands in their old age.

The couple said they wanted the matter brought to an end.

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.

They claimed over the years they had telephoned and written to Mr Moylan’s office but found it impossible to contact him.

The court heard Mr Moylan, in a letter in November 2023, said the judgment had been set aside and the matter was remitted for plenary hearing. He advised that the overall matter was disposed on the basis that the bank would make no further claim against the couple.

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’s solicitors and he hoped to have news within two weeks.

The High Court heard 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.