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Sunday 22 October 2017

Man (84) challenges Law Society over will

Tim Healy

AN 84-year-old retired lorry driver has brought a legal challenge over the Law Society's refusal to give him more than €500,000 compensation after his solicitor daughter allegedly misappropriated money from an estate where he was the main beneficiary.

Larry Quinn, with an address at Montrose Park, Perrystown, Dublin, says he and his son Larry Junior were appointed co-executors of the estate of the late Sarah Doody and that Mr Quinn was the main beneficiary.

The will was made in 2003. The court heard that the estate mainly consisted of the proceeds of the sale of a house at Wainsfort Road, Terenure, Dublin, which was sold in 2004 for more than €555,000, and the proceeds of a joint account between Mr Quinn Snr and Sarah Doody amounting to €117,000.

His daughter, Joan Quinn, a solicitor who formerly practised under the title of Quinn and Company Village Green Tallaght, Dublin, acted as the administrator of the estate.

Misappropriation

However, Mr Quinn discovered in 2009 that his daughter was involved in the misappropriation of monies in the amount of €529,000 from the estate of Ms Doody, the High Court heard.

As a result of this, Mr Quinn applied to the Law Society for compensation. However, on October 21, 2009, that application was refused on the grounds that Mr Quinn had been negligent. In its decision, the Law Society's Regulation of Practice Committee held that Mr Quinn did not seek compensation until after the Law Society had begun proceedings against the solicitor.

He applied to have the matter reconsidered by the society, but this application was also rejected. However, Mr Quinn claims he was not afforded the chance to engage with this review, nor to make submissions and present evidence. He claims that the society's decision was made in breach of fair procedures and natural justice.

In his proceedings, Mr Quinn is seeking an order quashing the decision of the Law Society's Regulation of Practice Committee not to grant him a payment from the Law Society's Compensation fund.

He is also seeking declarations from the court that he is entitled to be compensated in the amount of his loss and that he has not been guilty of negligence and that the decision is a breach of his rights and fair procedures. Leave to bring the proceedings was granted by Mr Justice Michael Peart.

The matter was made returnable to later this month.

Irish Independent

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