S. (A.) v B. (R.) [2001] IESC 106 (19 December 2001)

S. (A.) v B. (R.) [2001] IESC 106 (19 December 2001)

The trial judge was entitled to refuse adjournment except on strict terms given the procedural history; there was no denial of fair procedures or legal representation. The German divorce decree was not capable of recognition under Irish law at the relevant time as neither party was domiciled in Germany. The trial judge conducted proceedings fairly and was correct not to recuse himself.

Citation
[2001] IESC 106
Parties
Appellant/respondent: A. S. (otherwise A. B.); Respondent/petitioner: R. B.; Notice Party: W. S.
Jurisdiction
Ireland
Judgment Date
19 December 2001
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Nullity of Marriage, Recognition of Foreign Divorce, Custody of Children, Fair Procedures, Legal Representation
Family Law Private International Law Constitutional Law Nullity of Marriage Recognition of Foreign Divorce Custody of Children Fair Procedures Legal Representation

Case Brief

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Parties

A. S. (otherwise A. B.)

Appellant/respondent

R. B.

Respondent/petitioner

W. S.

Notice Party

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether refusal to adjourn proceedings denied fair procedures and legal representation to the wife
  2. 2 Whether the German divorce decree was capable of recognition under Irish law at the relevant time
  3. 3 Whether the trial judge conducted proceedings fairly and should have recused himself

Ratio Decidendi

The trial judge was entitled to refuse adjournment except on strict terms given the procedural history; there was no denial of fair procedures or legal representation. The German divorce decree was not capable of recognition under Irish law at the relevant time as neither party was domiciled in Germany. The trial judge conducted proceedings fairly and was correct not to recuse himself.

Court Disposition

Appeal dismissed

Orders

  • Order of High Court affirmed
  • Decree of nullity stands