Toomey v Boylan-Toomey [2008] NIFam 15 (8 December 2008)

Toomey v Boylan-Toomey [2008] NIFam 15 (8 December 2008)

There is no jurisdiction or professional obligation to require counsel for a represented party to present the factual case or arguments for an unrepresented opposing party. Such a procedure is inconsistent with the adversarial system, unsupported by the professional code of conduct, and unnecessary for compliance with the European Convention on Human Rights.

Citation
[2008] NIFam 15
Parties
Petitioner/respondent: Margaret Mary Boylan Toomey; Respondent/appellant: Eamon Sean Boylan-Toomey
Jurisdiction
Northern Ireland
Judgment Date
08 December 2008
Procedural Posture
Appeal (ancillary Relief, Family Law) / Judgment on Procedural Point Regarding Representation of Unrepresented Party
Outcome
Procedure requiring counsel to present the unrepresented party's case declined; appeal proceeds without imposition of such procedure.
Legal Topics
Ancillary Relief, Unrepresented Litigants, Duties of Counsel, Adversarial System, Professional Conduct
Family Law Civil Procedure Ancillary Relief Unrepresented Litigants Duties of Counsel Adversarial System Professional Conduct

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Parties

Margaret Mary Boylan Toomey

Petitioner/respondent

Eamon Sean Boylan-Toomey

Respondent/appellant

Procedural Posture

Appeal (ancillary Relief, Family Law) / Judgment on Procedural Point Regarding Representation of Unrepresented Party

Legal Issues

  1. 1 Whether counsel for a represented party should be required to assist the court by presenting the case for an unrepresented opposing party, including facts and arguments that would be raised by a barrister acting for the unrepresented litigant.

Ratio Decidendi

There is no jurisdiction or professional obligation to require counsel for a represented party to present the factual case or arguments for an unrepresented opposing party. Such a procedure is inconsistent with the adversarial system, unsupported by the professional code of conduct, and unnecessary for compliance with the European Convention on Human Rights.

Court Disposition

Procedure requiring counsel to present the unrepresented party's case declined; appeal proceeds without imposition of such procedure.