Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
Court of Appeal rejects application by litigant to conduct appeal on behalf of his father, on the grounds that: (a) on the evidence, the respondent was a person of full legal and physical capacity; (b) the fact that a litigant might prefer to be represented rather than represent himself could not be regarded as exceptional.
Court of Appeal - application by son of party who was defendant in High Court proceedings and respondent to the appeal to the Court for an order giving him liberty to appear and be heard in lieu and on behalf of his father - fundamental rule is that the right of audience is confined to the parties themselves, when not legally represented - not clear how the circumstances of the case might be seen as exceptional - failure to offer explanation as to why a medical report was not produced - respondent was entitled to himself, or to be represented by a solicitor, with or without counsel - but not by anyone else - jurisdiction invoked in application was one which is available to the court in the interests of justice in exceptional circumstances - no evidence that the respondent was in any way restricted in his ability to attend court or make his case and no basis for the assertion that he was - application refused
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.
The only subject matter index for all Irish judgments over the past thirteen years. Click here to request a subscription.
Register Now