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Mr David N Sheahan
Solicitor
The eventual agreement.
Having taken the matter over from Mr Peter Coyle, one of Mr Sheahan's responsibilities was to sort out the settlement agreement for all parties to agree and sign.
When both parties finally agreed settlement in Case 2 I offered to keep the agreement totally confidential. Mr Sheahan however insisted that no confidentiality was involved. I can therefore make public the following information:
CWD omitted to include any clause in the final settlement that my brother drop his complaint with the ICAEW against their client. In fact, CWD did not even attempt to include it as part of the settlement. To say my brother's solicitors were surprised would be a gross understatement and the reason(s) for this omission remain a mystery to this day. As a result the complaint remained active for a further 8 months (and yet more work for CWD).
Further, CWD did not request that any documentation/merchandise be destroyed or 'delivered up' as part of the settlement. I am therefore in possession of all documents relating to this and all other past websites/cases/events. consequently, I can verify all facts on this website.
Having missed the perfect opportunity to make my brother withdraw his complaint, David Sheahan then wrote several lengthy letters on behalf of his client to my brother’s solicitor belatedly 'inviting' my brother to withdraw the complaint. He further stated that if he did not withdraw the complaint his client would have 'no alternative other than to pursue an action for malicious falsehood as well as bringing proceedings for contempt' against my brother. According to my brother’s solicitor a claim for malicious falsehood can only succeed if the claim is actually (and one might think rather obviously) false. My brother was assured by his solicitor that due to responses received to a Part 18 Request (something CWD were also given the opportunity not to deliver but decided to do so anyway) the threatened actions had little (if any) chance of succeeding. Needless to say, Mr Sheahan’s clients eventually decided that they did after all have another 'alternative' and that 'alternative' was to not commence legal proceedings.
Had CWD simply included the withdrawal of the complaint as part of the settlement agreement that matter would have been over and done with as soon as it was signed. Obviously that would have meant a lot less work for CWD to carry out on behalf of their client.
On a separate note, when my solicitor phoned CWD to discuss a letter she had received, Mr Sheahan asked if that was the letter where he had told her to "go and stuff it"? Maybe this is a colloquially acceptable greeting ‘Up North’, however ‘Down South’ it is merely rude and unprofessional.
Mr Sheahan was given an opportunity to respond to the information on this page prior to publication. No response was received from Mr sheahan. |
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