Wymes v. Roche & Ors [2007] IEHC 411 (26 November 2007)

Wymes v. Roche & Ors [2007] IEHC 411 (26 November 2007)

Once the person whose interests are purportedly being protected indicates to the Court that they do not wish the proceedings to be maintained, the plaintiff has no standing or entitlement to continue the action.

Citation
[2007] IEHC 411
Parties
Plaintiff: Michael J. Wymes; Defendant: Thomas J. Roche; Defendant: Maura Tierney; Defendant: Claire Roche
Jurisdiction
Ireland
Judgment Date
26 November 2007
Procedural Posture
Civil / Motion to Dismiss/strike Out for Lack of Standing
Outcome
plaintiff's claims struck out for lack of standing
Legal Topics
Locus Standi, Equitable Jurisdiction, Family Protection, Undue Influence
Civil Procedure Family Law Equity Locus Standi Equitable Jurisdiction Family Protection Undue Influence

Case Brief

Summary, issues, holding and outcome

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Parties

Michael J. Wymes

Plaintiff

Thomas J. Roche

Defendant

Maura Tierney

Defendant

Claire Roche

Defendant

Procedural Posture

Civil / Motion to Dismiss/strike Out for Lack of Standing

Legal Issues

  1. 1 Whether the plaintiff has standing to maintain proceedings to protect his wife from alleged undue influence by her family members
  2. 2 Whether the maintenance of proceedings breaches the rights of the wife who does not wish the proceedings to continue

Ratio Decidendi

Once the person whose interests are purportedly being protected indicates to the Court that they do not wish the proceedings to be maintained, the plaintiff has no standing or entitlement to continue the action.

Court Disposition

plaintiff's claims struck out for lack of standing

Orders

  • Plaintiff's claims against all defendants struck out