S. Ltd. v. A & F (Unapproved) [2020] IECA 225 (05 August 2020)

S. Ltd. v. A & F (Unapproved) [2020] IECA 225 (05 August 2020)

Allowing the appeal was necessary to avoid a manifest and serious potential injustice to A, as admitting him to wardship would preclude him from marrying F and pursuing his legal proceedings without any hearing as to his capacity to marry, contrary to his constitutional and ECHR rights. Interim orders sufficiently protect his welfare pending determination of his proceedings.

Citation
[2020] IECA 225
Parties
Respondent: [S] Limited; Appellant: [A]; Notice Party: [F]
Jurisdiction
Ireland
Judgment Date
05 August 2020
Procedural Posture
Wardship Appeal / Appeal From High Court Decision Declining to Adjourn Wardship Inquiry
Outcome
Appeal allowed
Legal Topics
Wardship, Capacity to Marry, Right to Marry, Access to Courts, Adjournment of Proceedings, Protective Costs Order
Mental Capacity Law Family Law Constitutional Law Human Rights Law Wardship Capacity to Marry Right to Marry Access to Courts +2 more

Case Brief

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Parties

[S] Limited

Respondent

[A]

Appellant

[F]

Notice Party

Procedural Posture

Wardship Appeal / Appeal From High Court Decision Declining to Adjourn Wardship Inquiry

Legal Issues

  1. 1 Whether the High Court erred in refusing to adjourn a wardship inquiry in respect of A
  2. 2 Whether admitting A to wardship would unjustly preclude him from marrying and pursuing constitutional/ECHR challenges
  3. 3 Whether interim orders sufficiently protect A's welfare pending determination of his proceedings

Ratio Decidendi

Allowing the appeal was necessary to avoid a manifest and serious potential injustice to A, as admitting him to wardship would preclude him from marrying F and pursuing his legal proceedings without any hearing as to his capacity to marry, contrary to his constitutional and ECHR rights. Interim orders sufficiently protect his welfare pending determination of his proceedings.

Court Disposition

Appeal allowed

Orders

  • Wardship inquiry adjourned to allow A to pursue his proceedings, at least to the point where his application for a protective costs order is determined by the High Court.
  • Interim orders restraining A from marrying and regulating his residence to remain in force.