Woman claims house building abandoned due to solicitor’s misappropriation of funds

A Cavan schoolteacher has claimed in the High Court that she had to abandon building work on her new home because a Limerick solicitor misappropriated a final drawdown on her mortgage.

Sara Sheridan, Deerpark, Virginia, told Mr Justice Garrett Sheehan that her house was now unfinished, uninhabitable and suffering damage from the elements.

Ms Sheridan said that in October 2008, she engaged solicitor Michael Small, Newman Street, Limerick, to draw down a €256,000 mortgage with Springboard Mortgages and periodically release payments for the builders. She alleged a final drawdown of just under €50,000 had been misappropriated by Mr Small.

The Law Society held a disciplinary inquiry which found Mr Small guilty of professional misconduct. She had made a claim against the Solicitors Compensation Fund but the Law Society said it was not satisfied she had sustained a loss in consequence of dishonesty on the part of Mr Small.

The proceedings were adjourned until April 30th.