Latest news with #DeclanOCallaghan
Irish Times
24-07-2025
- Business
- Irish Times
Suspended solicitor weaving ‘wholly false' narrative over nature of land deal, High Court told
Suspended solicitor Declan O'Callaghan is advancing a 'wholly false' narrative that two businessmen who signed a Co Mayo €250,000 land transfer deal knew that sum was never to be paid to a company of one of them, the High Court has been told. That narrative is that the 2006 deal for transfer of the lands owned by Nirvanna Holdings, a company of businessman Tom Fleming, to a now deceased businessman, Fred Preston, was 'a business venture that simply went wrong', barrister Ruadhán Ó Ciaráin said. He was making submissions for Mr Fleming on Wednesday at the outset of an appeal by Mr O'Callaghan against four counts of professional misconduct found against him last year by the Solicitors Disciplinary Tribunal arising from his handling of the deal. The three-member tribunal recommended Mr O'Callaghan be struck off the roll of solicitors. A strike-off application by the Law Society to the High Court is on hold pending the outcome of Mr O'Callaghan's appeal. READ MORE He has been suspended since 2018 arising from a separate Law Society investigation into matters at his now defunct practice Kilrane O'Callaghan & Co, which was based in Ballaghaderreen, Co Roscommon . Concerns raised in an independent solicitor's report included that he withdrew substantial fees from the estate of a bereaved child. On Wednesday, barrister Michael Mullooly, for Mr O'Callaghan, said he would be calling three witnesses in the appeal: Mr O'Callaghan; Niamh Creighton, a solicitor in Mr O'Callaghan's office in 2006; and another solicitor who acted for Mr Preston in various matters. Mr Ó Ciaráin said Mr Fleming was his only witness and asked Mr Justice Micheál O'Higgins to keep 'three facts' in mind throughout the hearing. These are that a deed for transfer of land for €250,000 was entered into, the land did transfer and Nirvanna never got the €250,000, he said. The appeal, he said, would involve Mr O'Callaghan's side 'trying to distract you from those three facts', which gave rise to breaches of a solicitor's duties. The breaches are a failure to ensure consideration for a transaction was on account before effecting the land transfer; failure, by acting for vendor and purchaser, to avoid conflict of interest; and failure to advise shareholders of Nirvanna separately regarding the conveyance and to get their own advice, he said. Mr O'Callaghan's side would take 'one particular true fact' – that Mr Fleming retained a share in a company called Western Concrete – and 'weave that into a narrative that is wholly false, that it was simply a business venture gone wrong', he said. In direct evidence, Mr Fleming (now aged 81) said he left school at 13, is dyslexic, can read but cannot write. After suffering a heart attack in 2005 he decided to step away from some of his work and business involvement and believed he ceased any involvement with Western Concrete in 2005. In cross-examination, he agreed his case is that the Co Mayo land was to be sold by Nirvanna to Fred Preston for €250,000 and Nirvanna never got the money. Mr Mullooly said Mr O'Callaghan would say his law firm was acting for Western Concrete regarding the deal, which arose in the context of a joint agreement between Mr Fleming and Mr Preston. Mr Fleming described as 'totally wrong' a suggestion he and Mr Preston instructed Mr O'Callaghan that they were putting together a joint venture and the Nirvanna lands were required as security for a bank's loan offer. He did not know he was still a shareholder in Western Concrete in 2006, he said. He ceased being a director of that company in 2005 and was unaware he still retained one share in 2006. Mr Preston, the court heard, held the other share. Ms Creighton phoned him in his car on November 20th, 2006, to say would need to get another solicitor in relation to the land transfer deal and, shortly after her call, Mr O'Callaghan phoned him to say he would not need another solicitor, that Mr O'Callaghan would take care of it, he said. When told Ms Creighton and Mr O'Callaghan both disputed saying what he alleged, he stood over his evidence. He disagreed with Mr Mullooly his account of the deal was 'so inconsistent' it was hard to conclude Mr O'Callaghan's account of events was not accurate. The appeal continues on Thursday.
Irish Times
05-06-2025
- Business
- Irish Times
Suspended solicitor's appeal over professional misconduct finding to be heard in July
A date has been fixed next month for an appeal by suspended solicitor Declan O'Callaghan over findings of professional misconduct in connection with his handling of a land deal in Co Mayo. On Friday, the president of the High Court, Mr Justice David Barniville, set a provisional hearing date of July 23rd for the appeal. Barrister Michael Mullooly, for Mr O'Callaghan, said he expected it to run for two days and Mr O'Callaghan would be among his side's witnesses. Barrister Ruadhán Ó Ciaráin, for Nirvanna, the concrete products manufacturer that brought the complaint against Mr O'Callaghan over the 2007 land deal to the Solicitors Disciplinary Tribunal, said it is expected to call two witnesses at most. READ MORE Last month, Mr Justice Barniville rejected a challenge by Mr O'Callaghan over the procedures adopted by the tribunal in reaching its findings last year of professional misconduct over the 2007 deal. On Friday, he made an order requiring Mr O'Callaghan to pay Nirvanna's costs in opposing that application. The rejection of Mr O'Callaghan's judicial review-type challenge cleared the way for the hearing of his full appeal. If he loses that appeal, the High Court will then consider whether or not to grant an application by the Law Society to strike him off. The society has agreed with the tribunal recommendation that Mr O'Callaghan be struck off, but the final decision on whether or not to grant a strike-off order must be made by the High Court president. The three-member tribunal last summer found Mr O'Callaghan guilty of four counts of professional misconduct over his handling of the 2007 land deal involving Nirvanna, a company of Co Mayo businessman Tom Fleming. [ Declan O'Callaghan: No end in sight as saga of suspended solicitor continues Opens in new window ] Now aged 80, Mr Fleming claimed Nirvanna never received €250,000 for selling the land to a now-deceased businessman. Mr O'Callaghan denied the sum was owed, and disputed the transaction was for 'sale' of the lands. The tribunal upheld the Nirvanna complaint, finding professional misconduct on grounds Mr O'Callaghan breached his duty of care to the company, provided inadequate professional services, and purported to act for vendor and purchaser in a transaction where there was 'a clear conflict of interest'. In recommending strike-off, it had regard to two findings of professional misconduct previously made by it in 1990 and 2019 against Mr O'Callaghan. He has been suspended as a solicitor since 2018 arising from a separate Law Society investigation into matters at his now-defunct practice Kilrane O'Callaghan & Co, which was based in Ballaghaderreen, Co Roscommon. The suspension was imposed pending a tribunal hearing of the society's application for an inquiry into matters arising from its investigation. Concerns raised in an independent solicitor's report for that investigation included that Mr O'Callaghan withdrew substantial fees from the estate of a bereaved child.
Irish Times
22-05-2025
- Business
- Irish Times
Suspended solicitor Declan O'Callaghan loses challenge over disciplinary tribunal procedures
The president of the High Court has rejected a challenge by suspended solicitor Declan O'Callaghan, which could have further delayed a bid to have him struck off the roll of solicitors for professional misconduct over his handling of a land deal in Co Mayo. Mr O'Callaghan had brought a judicial review challenge over the procedures adopted by the Solicitors Disciplinary Tribunal in reaching its findings last year of professional misconduct over the 2007 land deal. Barrister Ruadhán Ó Chiaráin, for Nirvanna, the company that brought the complaint against Mr O'Callaghan to the tribunal, had argued the 'convoluted judicial review' by Mr O'Callaghan was not permissible and was an attempt to delay the hearing of his High Court appeal over the tribunal's findings. If Mr O'Callaghan loses his appeal, the High Court will then consider whether or not to grant an application by the Law Society to strike him off. READ MORE His challenge to the tribunal's procedures, which included claims it breached his right to fair procedures, was heard by the High Court president, Mr Justice David Barniville, on Thursday. Having heard submissions from Michael Mullooly, for Mr O'Callaghan, and from Mr Ó Chiaráin, the judge said he was rejecting the challenge and would give his reasons for that in a written judgment next week. His decision clears the way for the hearing, on a date to be fixed, of the appeal and, if that is unsuccessful, the strike-off application. The Law Society has agreed with the tribunal recommendation that Mr O'Callaghan be struck off, but the final decision on whether or not to grant a strike-off order must be made by the High Court president. The three-member tribunal had last summer found Mr O'Callaghan guilty of four counts of professional misconduct over his handling of the 2007 land deal involving a company of Co Mayo businessman Tom Fleming. Now aged 80, Mr Fleming claimed Nirvanna never received €250,000 for selling the land to a now-deceased businessman. Mr O'Callaghan denied the sum was owed, and disputed the transaction was for 'sale' of the lands. The tribunal upheld the Nirvanna complaint, finding professional misconduct on grounds Mr O'Callaghan breached his duty of care to the company, provided inadequate professional services, and purported to act for vendor and purchaser in a transaction where there was 'a clear conflict of interest'. In recommending strike-off, the tribunal also had regard to two findings of professional misconduct previously made by it against Mr O'Callaghan, suspended as a solicitor since 2018 arising from a separate Law Society investigation into matters at his now defunct practice Kilrane O'Callaghan & Co, which was based in Ballaghderreen, Co Roscommon. The suspension was imposed pending a tribunal hearing of the society's application for an inquiry into matters arising from its investigation. Concerns raised in an independent solicitor's report for that investigation included that Mr O'Callaghan withdrew substantial fees from the estate of a bereaved child. Findings of professional misconduct were previously made against Mr O'Callaghan in 1990 and 2019. The 1990 finding was on grounds including Mr O'Callaghan had, improperly and knowingly, applied clients monies for personal benefit, purchase of a private dwelling residence and a car, and the making of repayments to a building society. That led to a High Court direction in 1991 he should practice for some three years under the supervision of a more senior solicitor. In November 2019, the tribunal found him guilty of professional misconduct over findings including he failed to remit costs and outlays to a law firm arising out of litigation between their client and a deceased person, resulting in Circuit Court proceedings being issued against the complainant firm's client. Mr O'Callaghan was censured and ordered to pay €10,000 to the Law Society's compensation fund, plus €7,500 towards the society's costs.
