C.D. v B.B. (Approved)

                  This is an application brought by the applicant�s solicitors pursuant to Order 7, rule 3 of the Rules of the Superior Courts, seeking liberty to come off record and is made both in unusual circumstances - where the above proceedings have already been at hearing for 19 days - and on an unusual basis - where the applicant, in the course of the trial, lost her capacity to give instructions such that the applicant�s solicitors� retainer has been terminated as a matter of law.

                  Order 7, rule 3 (1) of the Rules provides as follows:

                  Essentially, the applicant�s solicitors say that their retainer has been terminated as a matter of law by reason of a supervening incapacity of the applicant, that is, occurring since the commencement of the trial, and they have therefore �ceased to act� within the meaning of Order 7, rule 3 and should be granted liberty to come off record.

                  In addition to these proceedings, which were brought just within the statutory period of six months from the issue of a Grant of Probate in the Estate, the applicant in 2016 also brought proceedings alleging oppression pursuant to s. 212 of the Companies Act, 2014, and seeking orders restraining the removal of her as a director in a company originally run by the Deceased (�the Company Law Proceedings�).

                  I will return to the question of whether the applicant�s solicitors are entitled to come off record in the Company Law Proceedings and the Possession Proceedings at the conclusion of my judgment, after dealing with the application insofar as it relates to these Cohabitation Proceedings.