P.C. v The Minister for Health & Ors [2020] IECA 28 (19 February 2020)

P.C. v The Minister for Health & Ors [2020] IECA 28 (19 February 2020)

The appellant was not deprived of hearing notice, failed to attend due to negligence, had no locus standi to bring proceedings affecting his mother, and the President acted within jurisdiction and appropriately managed the proceedings; the appeal is dismissed.

Citation
[2020] IECA 28
Parties
Plaintiff/appellant: P. C.; Defendant/respondent: The Minister for Health; Defendant/respondent: Health Services Executive; Defendant/respondent: Catherine White; Defendant/respondent: Tom Tobin; Defendant/respondent: Norma Harnedy; Defendant/respondent: General Solicitor for Minors and Wards of Court; Defendant/respondent: Patrice O’Keeffe; Defendant/respondent: Registrar of Wards of Court; Defendant/respondent: Ireland; Defendant/respondent: Aoife Ní Chorcorain; Defendant/respondent: Lynn Oliver; Defendant/respondent: Josie Clare; Defendant/respondent: Tony McNamara
Jurisdiction
Ireland
Judgment Date
19 February 2020
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Locus Standi, Case Management, Fair Procedures, Abuse of Process, Representation of Persons Under Disability
Civil Procedure Wardship Constitutional Law Locus Standi Case Management Fair Procedures Abuse of Process Representation of Persons Under Disability

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 8 Party arguments 2
Sign in to unlock

Parties

P. C.

Plaintiff/appellant

The Minister for Health

Defendant/respondent

Health Services Executive

Defendant/respondent

Catherine White

Defendant/respondent

Tom Tobin

Defendant/respondent

Norma Harnedy

Defendant/respondent

General Solicitor for Minors and Wards of Court

Defendant/respondent

Patrice O’Keeffe

Defendant/respondent

Registrar of Wards of Court

Defendant/respondent

Ireland

Defendant/respondent

Aoife Ní Chorcorain

Defendant/respondent

Lynn Oliver

Defendant/respondent

Josie Clare

Defendant/respondent

Tony McNamara

Defendant/respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant was deprived of hearing notice and taken by surprise regarding the hearing date
  2. 2 Whether the appellant had locus standi to bring proceedings affecting his mother
  3. 3 Whether the President had jurisdiction to make the order under appeal given the invalidity of the original wardship order

Ratio Decidendi

The appellant was not deprived of hearing notice, failed to attend due to negligence, had no locus standi to bring proceedings affecting his mother, and the President acted within jurisdiction and appropriately managed the proceedings; the appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • Plaintiff's application dismissed
  • Proceedings stayed; plaintiff may take no further steps except on application to the court with notice to defendants