Pepper Finance Corporation (Ireland) DAC v Moloney (Approved) [2022] IECA 287 (14 December 2022)

There was no evidence that Oliver Moloney was unable to represent himself or attend court, nor any exceptional circumstances justifying lay representation. The application did not meet the threshold for the court's discretion to permit lay representation.

Citation: [2022] IECA 287
Parties: Plaintiff/appellant: Pepper Finance Corporation (Ireland) DAC; Defendant/respondent: Oliver Moloney; Applicant (seeking to Represent Respondent): Neil Maloney
Jurisdiction: Ireland
Judgment Date: 14 December 2022
Procedural Posture: Civil Appeal / Application for Liberty to Represent Respondent on Appeal
Outcome: application refused
Legal Topics: Right of Audience, Lay Representation, Mortgage Possession, Exceptional Circumstances for Lay Representation

Civil Procedure Property Law Right of Audience Lay Representation Mortgage Possession Exceptional Circumstances for Lay Representation

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Parties

Pepper Finance Corporation (Ireland) DAC

Plaintiff/appellant

Oliver Moloney

Defendant/respondent

Neil Maloney

Applicant (seeking to Represent Respondent)

Procedural Posture

Civil Appeal / Application for Liberty to Represent Respondent on Appeal

Legal Issues

1 Whether Neil Maloney should be granted liberty to appear and be heard in lieu and on behalf of Oliver Moloney on appeal
2 What constitutes exceptional circumstances for lay representation in Irish courts

Ratio Decidendi

Court Disposition

application refused

Orders

Mr. Maloney's application for liberty to represent the respondent is refused.
Provisional order for costs in favour of the appellant; Mr. Maloney may file written submissions on costs within 21 days.