Appointment of Guardian ad Litem in Personal Injury Proceedings: AM v Kiernan

1. Introduction

In the High Court of Ireland case AM v Kiernan [2025] IEHC 38, the court addressed critical issues surrounding the capacity of a plaintiff to participate in personal injury proceedings and the subsequent appointment of a Guardian ad Litem. The parties involved include AM (the applicant), Derek Kiernan (the respondent), and Messrs. Kent Carty acting as the solicitors for the plaintiff. The core issues pertain to the plaintiff’s cognitive impairments following a serious accident, his capacity to engage in legal proceedings, and the appropriate protective measures under the Assisted Decision-Making Capacity Act 2015.

2. Summary of the Judgment

The plaintiff, AM, sought damages for personal injuries sustained in an accident on July 27, 2020, where Mr. Derek Kiernan’s motor vehicle struck AM’s bicycle in Dublin. Following the accident, AM underwent intensive medical treatment but has since experienced significant cognitive deficits, including language dysfunction (aphasia) and memory impairments. These impairments have necessitated increased daily assistance and care, rendering AM dependent on his wife.

A settlement of €190,000 was approved by Ms. Justice Reynolds on October 18, 2023. Subsequent proceedings questioned AM's capacity to manage his affairs, leading to the application for the appointment of a Guardian ad Litem under the Assisted Decision-Making Capacity Act 2015. The court found sufficient grounds to appoint Ms. Aoife Keely, an experienced social worker, as Guardian ad Litem to oversee AM’s interests and protect his property.

3. Analysis

3.1 Precedents Cited

The judgment references the Assisted Decision-Making Capacity Act 2015, which provides a framework for assessing an individual’s capacity to make decisions and outlines protective measures for those deemed incapable. Additionally, the court considers the principle established in earlier cases regarding the inherent jurisdiction of the High Court to protect individuals who cannot protect themselves, ensuring that their property and welfare are safeguarded.

3.2 Legal Reasoning

The court employed a functional approach to assess capacity, evaluating AM’s ability to understand, retain, weigh, and communicate decisions. Professor Timothy Lynch’s report highlighted significant impairments in understanding, retaining, and communication, thereby establishing that AM lacks the capacity as defined under the Assisted Decision-Making Capacity Act 2015.

The High Court considered its inherent jurisdiction to appoint a Guardian ad Litem appropriate to ensure that AM’s interests are protected, especially concerning the management of the €190,000 settlement. Despite the delay in filing the application for guardianship, the court found no procedural faults and acknowledged the ongoing need for oversight given AM’s long-term impairments.

3.3 Impact

This judgment reinforces the application of the Assisted Decision-Making Capacity Act 2015 in personal injury cases where the plaintiff’s capacity is in question. The appointment of a Guardian ad Litem ensures that individuals with cognitive impairments receive appropriate legal protection and representation. Future cases will likely reference this decision when addressing similar issues of capacity and the necessity of guardianship, potentially streamlining the process for appointing guardians in cases of long-term cognitive impairment.

4. Complex Concepts Simplified

Guardian ad Litem: A legal guardian appointed by the court to represent the best interests of someone who is unable to protect themselves adequately. In this case, Ms. Aoife Keely was appointed to oversee AM’s welfare and manage his settlement funds.

Functional Approach to Capacity: This approach assesses an individual’s ability to understand, retain, weigh, and communicate decisions. It focuses on specific decision-making abilities rather than diagnosing a general mental state, allowing for a nuanced assessment of capacity.

Assisted Decision-Making Capacity Act 2015: Irish legislation that provides a framework for supporting individuals in making their own decisions and outlines procedures for protecting those who lack the capacity to make certain decisions independently.

5. Conclusion

The High Court’s judgment in AM v Kiernan underscores the judiciary’s commitment to protecting vulnerable individuals within legal proceedings. By applying the Assisted Decision-Making Capacity Act 2015 and exercising inherent jurisdiction, the court ensured that AM’s interests were adequately safeguarded through the appointment of a Guardian ad Litem. This decision not only addresses immediate concerns regarding AM’s capacity and the management of his settlement but also sets a precedent for the treatment of similar cases, reinforcing the legal protections available for individuals with cognitive impairments in Ireland.