Cork Solicitor Censured Over Bank Undertaking Failure

A Cork solicitor has been found guilty of professional misconduct and formally censured by the Legal Practitioners Disciplinary Tribunal following a disciplinary inquiry into an unfulfilled bank undertaking. The proceedings arose from an application brought before the regulatory body by the Complaints Committee of the Legal Services Regulatory Authority. The tribunal published its outcome on 7 August 2026 under tribunal reference 2025/LPDT32 after considering the evidence presented regarding the practitioner's handling of the matter.

The respondent in the case is solicitor John Moylan, who practises at Richard Moylan and Co Solicitors, situated on Shortcastle Street in Mallow, County Cork. The inquiry centred on Allegation 16(a), which stated that the practitioner had failed to comply, either in a timely manner or at all, with a formal undertaking provided to Ulster Bank Ireland DAC. The undertaking in question was dated 4 December 2018, and the failure of compliance related to the commitment either in part or in full.

Misconduct Determination by the Tribunal

Following its assessment of the facts, the Legal Practitioners Disciplinary Tribunal made a formal finding of misconduct against Mr Moylan in respect of Allegation 16(a). In the Irish legal system, professional undertakings given by solicitors to commercial banks and lending institutions form a cornerstone of conveyancing and legal practice. The Legal Services Regulatory Authority, through its Complaints Committee, oversees adherence to professional standards and refers serious compliance breaches to the independent tribunal to ensure accountability within the profession.

Under the statutory framework established by the Legal Services Regulation Act 2015, the tribunal possesses wide-ranging powers to address conduct that falls below required professional benchmarks. The disciplinary body determined that the prolonged failure to satisfy the terms of the 2018 undertaking constituted misconduct warranting formal statutory sanctions. The decision underscores the mandatory nature of regulatory obligations placed on solicitors when issuing solemn commitments to financial institutions in the course of legal business.

Sanctions and Ongoing Compliance Orders

Having reached a finding of misconduct, the tribunal imposed multiple orders against Mr Moylan pursuant to the provisions of Section 82 of the Legal Services Regulation Act 2015. Under Section 82(1)(c) of the Act, the tribunal directed that the respondent be formally censured for the identified breach. A censure represents a severe statutory reprimand, recorded on the practitioner's regulatory record as a formal consequence of professional wrongdoing.

In addition to the censure, the tribunal made a detailed compliance order under Section 82(1)(f) of the 2015 Act to ensure the underlying legal issue is rectified. This order requires Mr Moylan to arrange full compliance with the outstanding undertaking previously furnished to Ulster Bank Ireland DAC. To oversee this process, the tribunal directed that regular written updates must be provided to Permanent TSB at least every quarter of each calendar year. The tribunal specified that the first of these formal quarterly updates must be submitted no later than the end of September 2026.

Costs Awarded to the Regulatory Authority

The disciplinary tribunal also addressed the financial expenses incurred during the regulatory prosecution. Under Section 82(1)(j) of the Legal Services Regulation Act 2015, an order was made requiring Mr Moylan to pay the legal costs incurred by the Legal Services Regulatory Authority in bringing the Inquiry hearing. Such orders are standard in disciplinary determinations to ensure the costs of regulatory enforcement are borne by the practitioner found in breach rather than the wider regulatory framework.

The tribunal ruled that the final quantum of costs is to be assessed by a Legal Costs Adjudicator in the event that the parties cannot reach an agreement directly. The Legal Costs Adjudicator operates as an independent statutory officer within the Courts Service structure, tasked with determining the reasonableness and measure of legal bills. However, the tribunal set an express financial limit on this liability, ordering that the total costs payable by the solicitor, inclusive of Value Added Tax, shall not exceed 15,000 euro.