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How is this possible? - Utah woman to sue herself - could it happen here?

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    #32
    234
    Registered Users Posts: 1,529 ✭✭✭234


    Uno my Uno. wrote: »
    there is a conflict but it may be possible to obtain permission from the court to act notwithstanding this. The Story in the OP would have had the same problem and permission was granted by the court.

    It's not really the same. The executor may have had no choice in their appointment and in many cases have a direct financial interest in the administration the estate and this doesn't prevent them from acting.

    With litigation friends you need to volunteer to act, so there is a qualitative difference.


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    #33
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    Didn't this already happen in Ireland? A woman sued herself in the name of her child after a bad accident that left the child with life long debilitating injuries.


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    #34
    Uno my Uno.
    Registered Users Posts: 905 ✭✭✭Uno my Uno.


    234 wrote: »
    It's not really the same. The executor may have had no choice in their appointment and in many cases have a direct financial interest in the administration the estate and this doesn't prevent them from acting.

    With litigation friends you need to volunteer to act, so there is a qualitative difference.

    I think you might have misunderstood the point at issue
    Little CuChulainn wrote: »
    Didn't this already happen in Ireland? A woman sued herself in the name of her child after a bad accident that left the child with life long debilitating injuries.

    That is the case I referenced at the start of this thread!


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    #35
    234
    Registered Users Posts: 1,529 ✭✭✭234


    Yes, and I don't mean to sound snarky, but as is normal here, can you provide a reference?

    Also, I'm not familiar with the detail of Irish civil litigation procedure, so if anybody had a pointer to the relevant order or rule on litigation friends I would be grateful.


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    #36
    234
    Registered Users Posts: 1,529 ✭✭✭234


    Looks like I was wrong.

    Order 15 has no requirement that there not be a conflict of interest. It's sufficient that the next friend provide written authorisation that he may be treated as such and that's it.


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    #37
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    Actually I was mistaken, it was the grandmother who took the case against the mother and the MIBI


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    #38
    Claw Hammer
    Registered Users Posts: 6,163 ✭✭✭Claw Hammer


    ohnonotgmail wrote: »
    i didnt say they were responsible. If somebody is suing me over a road traffic accident then my car insurance company would be the one defending the case in any civil trial. They are the ones who would be paying out after all.

    The insurance company have the right to take over the defence of your case. They can in theory let the other side sue and pay the damages if and when you are found liable afterwards. For obvious reasons they mostly insist via the subrogation cllause in controlling the defence. They are not however a party in the case.


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