Brangam's Application (Heather Mildred) (Leave stage)
| Jurisdiction | Northern Ireland |
| Judge | Gillen J |
| Judgment Date | 2008 |
| Neutral Citation | [2008] NIQB 11 |
| Date | 01 February 2008 |
| Court | Queen's Bench Division (Northern Ireland) |
1
Neutral Citation no. [2008] NIQB 11 Ref:
GIL7046
Judgment: approved by the Court for handing down Delivered:
01/02/08
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
IN THE MATTER OF AN APPLICATION BY
HEATHER MILDRED BRANGAM FOR LEAVE TO
APPLY FOR JUDICIAL REVIEW
AND IN THE MATTER OF A DECISION OF THE LAW SOCIETY FOR
NORTHERN IRELAND MADE ON OR AROUND 27 JUNE 2007
_______________
GILLEN J
[1] This is an application by the widow of George Brangam, deceased, for
leave to apply for judicial review. It is to quash a decision of the Law Society
of Northern Ireland (“the Law Society”) made on or around 27 June 2007 .The
Law Society decided, in the exercise of its power of attorney over the property
of the applicant’s late husband George Brangam, (“the deceased “) to create a
mortgage of the interest of the deceased in the former matrimonial home to
the Law Society of Northern Ireland as trustees of the solicitors’ compensation
fund (“the mortgage”). Leave is sought to seek a declaration that the decision
was ultra vires, unlawful and void, to quash the mortgage and a declaration
that the mortgage was unlawful ultra vires and void.
[2] The notice party and intended respondent (“the Law Society”) in this
matter is the Incorporated Law Society of Northern Ireland which was
incorporated by Royal Charter in or about 1922 and was granted certain
regulatory authority, powers and duties in relation to the practice of solicitors
within Northern Ireland by the Solicitors (NI) Order 1976 (“the 1976 Order”).
Statutory background
[3] The 1976 Order, where relevant, states at paragraph 36:
“Control of solicitors’ property in certain cases
Powers of Council to deal with property in control of
certain solicitors and other persons
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Law Society of Northern Ireland v John Bogue
...early warning if solicitors are getting into difficulty or are misusing client’s funds. I agree with the view expressed in Re Brangam [2008] NIQB 11 that the manner in which the Law Society exercises its powers under Article 36 in Schedule 1 is a matter of legitimate and profound public con......