Taxing Master seeks to halt name change

The Taxing Master of the High Court, Mr James Flynn, has made an application to prevent his former partner changing the name …

The Taxing Master of the High Court, Mr James Flynn, has made an application to prevent his former partner changing the name of the solicitors' firm in which he was a partner before his appointment in 1992.

In the course of the proceedings, Mr Flynn said he had always intended his place in the practice to be taken up by his son, Jonathan, who was in national school at the time of his appointment as Taxing Master.

Mr Flynn was in the High Court on Monday seeking an interlocutory injunction restraining Ms Orla Courtney from changing the name of the solicitors' practice of James Flynn and Co Solicitors to that of Anglesea Solicitors.

The name change was agreed by the Law Society last December.

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The application also sought to injunct Ms Courtney from using the name Anglesea Solicitors, and to force her to re-erect the name plate of James Flynn and Co Solicitors.

The application came in the course of other proceedings, taken by Ms Courtney, relating to the property in which the firm's offices are situated. These have not yet come to court.

Mr Flynn's appointment as Taxing Master legally required him to retire from practice. He claimed in an affidavit his share in the practice was "frozen" until such time as his son could qualify as a solicitor and take it up.

In his affidavit to the court, Mr Flynn said his appointment as Taxing Master in 1992 left him "in a difficult position", as he could no longer play any part in the practice and would have to sell his share.

"I was reluctant to do so as I had given so much in setting up a very highly successful firm and had devoted much time, energy and effort in setting up the legal practice. I had always intended that my son was to take a position in the firm and on my appointment my son was still at national school," he said in the affidavit.

It continued by outlining his proposal of an "alternative approach" to selling his share.

"Accordingly, the plaintiff [Ms Courtney] retained her share of the practice and this was on the basis that she would freeze a one-half share of same and to hold this one-half share in the practice so that my son Jonathan would gain same on qualifying as a solicitor . . . An agreement was entered into with the plaintiff to hold your deponent's [Mr Flynn's] share for the benefit of his son."

He said Ms Courtney had wrongly dissolved the partnership of James Flynn and Co and transferred its assets to Anglesea Solicitors.

Counsel for Ms Courtney, Mr Bill Shipsey SC, said the application was entirely unfounded, as the name change had been carried out properly and with the agreement of the Law Society. He submitted a detailed replying affidavit, which was not read out in court.

Mr Justice Lavin said he would have to consider the issues raised, and asked Mr Flynn to file legal submissions within two weeks, with replying submissions from Ms Courtney a week later.

He adjourned the application for three weeks.