MO'B & Ors v Western Health Board [2019] IESC 87 (06 December 2019)

MO'B & Ors v Western Health Board [2019] IESC 87 (06 December 2019)

The Supreme Court held that before any substantive issue can be decided, the President of the High Court must determine who is entitled to process the appeal in the best interests of MO'B, now a ward of court. The appeal is referred to the President of the High Court for consideration.

Citation
[2019] IESC 87
Parties
Plaintiff/appellant: MO'B; Plaintiff/appellant: AO'B; Plaintiff/appellant: BO'B (a minor) suing by RO'C; Defendant/respondent: Western Health Board; Defendant/respondent: EO'D; Defendant/respondent: DJO'G; Defendant/respondent: B. S. D.
Jurisdiction
Ireland
Judgment Date
06 December 2019
Procedural Posture
Appeal / Supreme Court Judgment on Article 64 Appeal
Outcome
Matter referred to the President of the High Court for determination of best interests of the ward; no substantive decision on settlement amount.
Legal Topics
Settlement Approval, Ward of Court, Jurisdiction, Consent Orders
Medical Negligence Wardship Settlement Settlement Approval Ward of Court Jurisdiction Consent Orders

Case Brief

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Parties

MO'B

Plaintiff/appellant

AO'B

Plaintiff/appellant

BO'B (a minor) suing by RO'C

Plaintiff/appellant

Western Health Board

Defendant/respondent

EO'D

Defendant/respondent

DJO'G

Defendant/respondent

B. S. D.

Defendant/respondent

Procedural Posture

Appeal / Supreme Court Judgment on Article 64 Appeal

Legal Issues

  1. 1 Was the settlement for €4.5 million or €4.2 million?
  2. 2 Did Quirke J. have jurisdiction to vacate the earlier consent order?
  3. 3 Who is entitled to process the appeal in the best interests of the ward of court?

Ratio Decidendi

The Supreme Court held that before any substantive issue can be decided, the President of the High Court must determine who is entitled to process the appeal in the best interests of MO'B, now a ward of court. The appeal is referred to the President of the High Court for consideration.

Court Disposition

Matter referred to the President of the High Court for determination of best interests of the ward; no substantive decision on settlement amount.

Orders

  • Matter referred to President of the High Court for early consideration.
  • Case to remain in Supreme Court list for mention until 10 February 2020.