Pk and Ck

• Jurisdiction: Ireland
• Judge: Mr. Justice Frederick Morris
• Judgment Date: 09 June 2000
• Neutral Citation: 2001 WJSC-HC 3540
• Court: High Court
• Date: 09 June 2000

2001 WJSC-HC 3540

THE HIGH COURT

Frederick Morris

No. 186 2000

K (A WARD OF COURT), RE

IN THE MATTER OF A WARD OF COURT PK

AND

AND IN THE MATTER OF AN APPLICATION OFCK

Citations:

COURTS (SUPPLEMENTAL PROVISIONS) ACT 1961 S9

Synopsis

Wardship

Wardship; capacity to institute proceedings; applicant, committee of the person of the ward, seeks to institute proceedings for the provision to the ward of funds to enable him to obtain nursing and maintenance services; whether committee of the person of the ward entitled to commence proceedings on behalf of the ward

Held: Application dismissed; it is the duty of the committee of the estate of the ward to institute such proceedings.

K., In re. - High Court: Morris P. - 09/06/2000

Facts: The applicant was a sister of a ward of court and had initiated judicial review proceedings concerning the Ward of Court. In the High Court Mr. Justice Kelly referred to section 9 of the Courts (Supplemental Provisions) Act, 1961 and stayed the proceedings. The parties applied to the President of the High Court in respect of the continuance of the proceedings.

Held by Mr. Justice Morris in refusing leave to continue the proceedings. There was a recognised and approved procedure for obtaining the approval of the President of the High Court for the institution of proceedings on behalf of a Ward of Court. Such an application was made by the Committee of the estate of the Ward and the merits of the application were considered inter alia on the prospects of success of the contemplated action. The President had indicated that any such application would be immediately entertained but no such application was made. The applicant was now seeking to make a claim for the provision to the Ward of funds to enable him to obtain nursing and maintenance services. The appropriate party to institute such a claim was the Committee of the estate of the Ward who was the General Solicitor. Permission to the applicant to commence proceedings on behalf of the Ward was refused. However the applicant did not require permission to institute her own proceedings seeking any relief to which she might be entitled. Proceedings must not however be brought on behalf or in the name of the Ward. In addition there was a potential conflict of interest and for this reason also it was improper that the present proceedings be prosecuted on behalf of the Ward by the applicant. Counsel for the Ward sought clarification that...