The High Court appointed a guardian ad litem for [AM] in a case concerning a €190,000 personal injuries settlement, but did not decide whether any further protective measure could be made over the funds.
Mr Justice Mark Heslin said the sole issue before him was the appointment of a guardian ad litem. He appointed Aoife Keely, described in submissions as an experienced social worker who was available and willing to act.
The settlement arose from personal injuries proceedings against Derek Kiernan. The pleadings said the plaintiff was injured when Kiernan’s car struck his bicycle in Dublin on 27 July 2020. A judge approved a settlement of €190,000 on 18 October 2023, in favour of the plaintiff as “a person of unsound mind not so found”. The ruling does not revisit that approval.
In December 2023, Mr Justice Heslin directed that the settlement funds be paid into court and said an application should be made to appoint a guardian ad litem. A neurologist’s report from 2021, put before the court at that stage, described cognitive and communication difficulties and a need for assistance with daily activities. The judge said the report indicated impairments in understanding, retaining information and communicating. He also noted that no application for a guardian or other protective measure was brought on the dates then contemplated, and that he did not retain seisin of the matter.
The guardian application was filed in July 2024 and moved before the court on 15 January 2025. The judge said the report was old, but saw nothing in it to suggest the impairments were other than long term.
Counsel said the appointment was intended to support a future application under assisted decision-making legislation. The judge made no finding on that proposed application or on the court’s jurisdiction to grant protective orders. He noted that the plaintiff appeared not to have lived in Ireland for several years and that the legislation refers to residence in the State during the three years before an application.
Any further application must be brought by formal motion and served on the plaintiff, the guardian ad litem and any other relevant party. The applicant must identify the relief sought and the jurisdiction relied on. The judge said written legal submissions addressing the jurisdiction and relevant facts might assist.