C.D. v B.B. (Approved) [2023] IEHC 204 (24 April 2023)

C.D. v B.B. (Approved) [2023] IEHC 204 (24 April 2023)

The court found that the applicant does not lack the capacity to give instructions or participate in the proceedings. The evidence, including the applicant's own statement and the Medical Visitor's report, did not establish incapacity under the legal test. The solicitor's retainer is not terminated by operation of law, and there is no basis to grant liberty to come off record under Order 7, rule 3.

Citation
[2023] IEHC 204
Parties
Applicant: C. D.; Respondent: B. B.
Jurisdiction
Ireland
Judgment Date
24 April 2023
Procedural Posture
Application by Solicitor to Come Off Record in Ongoing Plenary Proceedings (cohabitation/proper Provision Claim) / Mid Trial, After 19 Days of Hearing
Outcome
Application refused
Legal Topics
Solicitor's Retainer Termination, Litigation Capacity, Proper Provision for Qualified Cohabitant, Wardship, Adjournment of Proceedings, Expert Evidence on Capacity
Civil Procedure Family Law Probate Law Solicitor's Retainer Termination Litigation Capacity Proper Provision for Qualified Cohabitant Wardship Adjournment of Proceedings +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 19 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

C. D.

Applicant

B. B.

Respondent

Procedural Posture

Application by Solicitor to Come Off Record in Ongoing Plenary Proceedings (cohabitation/proper Provision Claim) / Mid Trial, After 19 Days of Hearing

Legal Issues

  1. 1 Whether the applicant's solicitors are entitled to come off record mid-trial due to alleged incapacity of the applicant to give instructions
  2. 2 Whether the applicant lacks litigation capacity to instruct solicitors and participate in the proceedings
  3. 3 Whether the retainer is terminated by operation of law due to incapacity

Ratio Decidendi

The court found that the applicant does not lack the capacity to give instructions or participate in the proceedings. The evidence, including the applicant's own statement and the Medical Visitor's report, did not establish incapacity under the legal test. The solicitor's retainer is not terminated by operation of law, and there is no basis to grant liberty to come off record under Order 7, rule 3.

Court Disposition

Application refused

Orders

  • Liberty to applicant's solicitors to come off record is refused in the Cohabitation Proceedings.
  • No order as to costs at this time.