M.O'B & Ors v Western Health Board & Ors (Approved) [2021] IEHC 398 (08 June 2021)

M.O'B & Ors v Western Health Board & Ors (Approved) [2021] IEHC 398 (08 June 2021)

It is neither lawful nor in the best interests of the ward, M. O’B., for A. O’B. to pursue the appeal without leave of the President of the High Court. The appeal lacks merit, exposes the ward's funds to risk, and was initiated without proper authority or court consent. No further steps should be taken in these or any other proceedings affecting the ward.

Citation
[2021] IEHC 398
Parties
Plaintiff/appellant: M. O’B.; Plaintiff/appellant: A. O’B.; Plaintiff/appellant: R. O’B. (a minor), suing by R. O’C.; Plaintiff/appellant: B. O’B. (a minor), suing by R. O’C.; Defendant/respondent: Western Health Board; Defendant/respondent: E. O’D.; Defendant/respondent: D. J. O’G.; Defendant/respondent: B. S. D.
Jurisdiction
Ireland
Judgment Date
08 June 2021
Procedural Posture
Wardship/settlement Approval / Remitted Questions From Supreme Court for Determination by President of High Court
Outcome
Appeal not authorised; no further steps to be taken.
Legal Topics
Settlement Approval, Capacity, Best Interests of Ward, Court Consent, Costs
Civil Procedure Medical Negligence Wardship Settlement Approval Capacity Best Interests of Ward Court Consent Costs

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Parties

M. O’B.

Plaintiff/appellant

A. O’B.

Plaintiff/appellant

R. O’B. (a minor), suing by R. O’C.

Plaintiff/appellant

B. O’B. (a minor), suing by R. O’C.

Plaintiff/appellant

Western Health Board

Defendant/respondent

E. O’D.

Defendant/respondent

D. J. O’G.

Defendant/respondent

B. S. D.

Defendant/respondent

Procedural Posture

Wardship/settlement Approval / Remitted Questions From Supreme Court for Determination by President of High Court

Legal Issues

  1. 1 Whether it is lawful and in the best interests of the ward for the second named plaintiff to pursue the appeal without leave of the President of the High Court
  2. 2 Whether further steps should be taken in the appeal or other proceedings affecting the ward

Ratio Decidendi

It is neither lawful nor in the best interests of the ward, M. O’B., for A. O’B. to pursue the appeal without leave of the President of the High Court. The appeal lacks merit, exposes the ward's funds to risk, and was initiated without proper authority or court consent. No further steps should be taken in these or any other proceedings affecting the ward.

Court Disposition

Appeal not authorised; no further steps to be taken.

Orders

  • It is not lawful or in the interests of the ward for the appeal to be pursued without court consent.
  • No further steps to be taken in these or any other proceedings affecting the ward.