Coleman & anor v Clohessy [2018] IESC 48 (09 October 2018)

Coleman & anor v Clohessy [2018] IESC 48 (09 October 2018)

The Supreme Court held that, since there are ongoing proceedings challenging the wardship order and related appeals, it would not be appropriate to permit the General Solicitor to withdraw the appeal at this time. The matter should be listed for mention with the extant appeals to be revisited in light of their outcomes.

Citation
[2018] IESC 48
Parties
Plaintiffs: Valerie Coleman and Fintan Coleman as Legal Personal Representatives of Peter Clohessy Deceased; Defendant: Patrick Clohessy; Notice Party: Ann Clohessy
Jurisdiction
Ireland
Judgment Date
09 October 2018
Procedural Posture
Civil Appeal / Supreme Court Ruling on Procedural Application Regarding Withdrawal of Appeal
Outcome
Application to withdraw appeal refused at this time; proceedings to be listed for mention with related appeals.
Legal Topics
Appeal Procedure, Substitution of Parties, Wardship Jurisdiction, Testamentary Proceedings, Costs
Civil Procedure Probate Wardship Appeal Procedure Substitution of Parties Wardship Jurisdiction Testamentary Proceedings Costs

Case Brief

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Parties

Valerie Coleman and Fintan Coleman as Legal Personal Representatives of Peter Clohessy Deceased

Plaintiffs

Patrick Clohessy

Defendant

Ann Clohessy

Notice Party

Procedural Posture

Civil Appeal / Supreme Court Ruling on Procedural Application Regarding Withdrawal of Appeal

Legal Issues

  1. 1 Whether the General Solicitor for Minors and Wards of Court has authority to withdraw the appeal in light of pending challenges to the wardship order for Ann Clohessy
  2. 2 Whether there are extant proceedings that contest the validity of the wardship order affecting the withdrawal of the appeal
  3. 3 Whether Ann Clohessy was properly substituted as plaintiff after the death of Peter Clohessy

Ratio Decidendi

The Supreme Court held that, since there are ongoing proceedings challenging the wardship order and related appeals, it would not be appropriate to permit the General Solicitor to withdraw the appeal at this time. The matter should be listed for mention with the extant appeals to be revisited in light of their outcomes.

Court Disposition

Application to withdraw appeal refused at this time; proceedings to be listed for mention with related appeals.

Orders

  • Proceedings to be listed for mention together with extant appeals for case management and further consideration.