England and Wales Court of Appeal (Civil Division) Decisions

IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
FAMILY DIVISION
(Mr Justice Kirkwood)

		Royal Courts of Justice Strand London WC2 Monday, 5th March 2001

1. LORD JUSTICE THORPE: Mr S applies for permission to appeal an order made by Kirkwood J on 23rd June 2000 refusing his application for discovery against a solicitor in Northern Ireland acting for his daughter, A, known as T.
2. The brief background is that Mr. S and T's mother cohabited for many years, and during their relationship had two children, of whom T is the older. The relationship broke down in the 1990s when mother and the two children moved to Northern Ireland. Sadly, on 13th August 1999 T was very severely injured in a motor accident in Northern Ireland. Mr. S has a perfectly understandable desire for close involvement in her continuing treatment and to ensure that she is properly compensated for her injuries. Sadly, there is no spontaneous co-operation within the family, so that he is simply not receiving the information that he feels is his due. He has brought proceedings in this jurisdiction. He says that little was achieved thereby, and he has brought proceedings in Northern Ireland, which at least secured for him a parental responsibility order when T was approaching her 16th birthday.
3. The hearing before Kirkwood J has been transcribed. The judge pointed out to Mr. S that he had a jurisdiction that did not extend to Northern Ireland and that he had no power to make orders against solicitors acting in personal injury proceedings in that jurisdiction. He particularly urged Mr. S to seek advice from a local solicitor in this jurisdiction who would explain the complications arising out of the separation of jurisdiction within the United Kingdom. Mr. S has not accepted Kirkwood J's ruling. He remains convinced that the interrelationship between the province of Northern Ireland and this country is sufficiently entwined to have vested jurisdiction in the Family Division of the High Court. Although I recognize the sincerity of that belief it remains erroneous, and there is no doubt at all that the application which he made to Kirkwood J was hopeless and was rightly refused. It follows that his application to this court for permission is also hopeless and must be refused. Mr. S is a disabled person. In all the circumstances, I direct that he shall receive a copy of the transcript of this brief judgment at public expense.
Order: Application refused; copy of judgment to be supplied at public expense.