Bid to stop tribunal from placing sanctions on barrister dismissed

Alan Toal claimed he was not afforded fair procedures at internal disciplinary hearings

The High Court has dismissed a barrister’s action aimed at preventing an internal disciplinary tribunal from imposing sanctions on him.

Lawyers for Alan Toal BL, who initiated the proceedings after an internal tribunal found he breached the barristers’ code of conduct, informed Mr Justice David Keane on Wednesday their client no longer wished to take part in the proceedings after the judge refused to refer a question of law arising from the case to the Court of Justice of the EU.

Mr Toal brought proceedings against the Honorable Society of Kings Inns Barristers Disciplinary Tribunal, the general council of the Bar Council of Ireland, the professional practices committee of the Bar Council and the Barristers Professional Conduct Tribunal. They all opposed the proceedings.

On Wednesday, Mr Toal’s lawyers applied to Mr Justice Keane to refer to the Court of Justice a point of law relating to their claim that judges of the superior courts in Ireland are not entitled to hear Mr Toal’s case.

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They argued all judges, on appointment, are automatically made benchers or a senior member of the Honorable Society of the Kings Inns, the body which regulates the barristers’ profession in Ireland.

Mr Toal’s side argue that this effectively means all judges are parties to any action brought against the Barristers Disciplinary Tribunal. By virtue of the rules of the society, all judges of the higher courts are automatically made benchers of the society, whose role includes presiding over disciplinary hearings of barristers, it was claimed.

Written judgment

Mr Justice Keane refused to refer the matter to the European courts and said he would give a written judgment containing his reasons for that refusal later. The judge also dismissed Mr Toal’s case, awarded the respondents their legal costs and cleared the way for the disciplinary proceedings against Mr Toal to continue.

In his action, Mr Toal sought various orders, including an injunction restraining the Barristers Disciplinary Tribunal from making a decision in relation to Mr Toal following a sanction hearing held last July.

Mr Toal claimed he was not afforded fair or proper procedures at several internal disciplinary hearings concerning certain allegations of misconduct against him.

The alleged breaches of the barristers’ code of conduct against Mr Toal, from Arklow, Co Wicklow, include allegations that, in 2010, he took money directly from a former client which barristers were then not supposed to do, failed to engage with internal inquiries properly and berated the former client at a consultation.

Mr Toal argued the tribunal was not entitled to make findings arising out of a complaint made against him by a former client and feared sanctions might be imposed that would damage his good name and professional reputation.