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Professional negligence proceedings struck out as they are unsupported by an expert report

By: James Cross BL

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High Court strikes out professional negligence proceedings brought against a solicitor, on the grounds that the plaintiff failed have an expert report in support of his claims, despite being afforded an opportunity to obtain such an expert report, and allowing an unsupported professional negligence claim to continue would be an abuse of process.

Professional negligence – Solicitors – legal services - Application to strike out the proceedings on the grounds that they are frivolous and vexatious, disclose no cause of action and are bound to fail and are an abuse of process – solicitor acted for plaintiff in respect of criminal offences – plaintiff had convictions for charges where he was not represented by the solicitor – solicitor appeared in a number of appeals – some of the appeals were successful – brought proceedings to the effect that he obtained a poor standard of legal services – sought €25m in damages – sought particulars – full defence – complaint to the law society – no finding of misconduct – report of an expert solicitor – relevant legal principles in an application to strike out – plaintiff does not have an expert report – afforded time to get an expert report and failed to do so – to allow the proceedings to continue would be an abuse of process – proceedings struck out –

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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