Woman wins right to represent spouse

In a landmark case, a woman has been granted the right to represent her husband as a lay litigant in his legal proceedings against a mining company.

Sandra Coffey, Coolfore Road, Ardbraccan, Navan, Co Meath, was given leave to represent her husband, Gabriel Coffey, in litigation against Tara Mines Ltd by the High Court.

Mr Coffey wished her to represent him because of his inability to represent himself and because they were unable to get any other solicitor to take over the cases following a "breakdown in trust and confidence" between the plaintiff and Ms Coffey and their solicitor.

Mr Coffey suffered an intra-cranial haemorrhage in April 2005, resulting in a disability which rendered him wholly incapable of representing himself.

In a written judgment Mr Justice Iarfhlaith O'Neill said that unless Ms Coffey, a housewife, carer and authorised representative of her husband, was permitted to represent him, his actions "will proceed no further and that is an outcome of consequence that would be destructive of the interests of justice".

The judge said counsel had informed him that "while this issue has been touched on in other cases it has never been unequivocally determined by the courts in this jurisdiction".

In High Court proceedings against Tara Mines in 1994, Mr Coffey claimed damages for dermatitis contracted by him in the course of his employment and for a shoulder injury. Liability was conceded in the first case which proceeded as an assessment of damages.

In the second action, in 1997, Mr Coffey claimed damages for a neck and head injury sustained by him as a result of a fall in the course of his employment. Liability was contested and the case was adjourned in 2000.

"It is apparent that this has come about because of a number of factors, namely very serious illness on the part of the plaintiff and a complete breakdown in the professional relationship between the plaintiff and his solicitor. As a result of the latter, serious allegations have been made against the solicitor and complaints have been made to the Law Society," the judge said.

In granting the right of representation, the judge said the combination of circumstances revealed in this case including the adjournment of the case at a very advanced stage and the "inability of Mrs Coffey, despite her best efforts to secure the services of another solicitor and the refusal of the Legal Aid Board to provide legal aid for her, are, in my view, a combination of circumstances that are so exceptional or rare as to probably be unique".