Blehein -v- The Minister for Health & Children and ors [2008] IESC 40 (10 July 2008)

Blehein -v- The Minister for Health & Children and ors [2008] IESC 40 (10 July 2008)

Section 260 of the Mental Treatment Act, 1945, as amended, is unconstitutional because it impermissibly restricts access to the courts by confining the grounds for leave to sue to only bad faith or lack of reasonable care, thereby violating Articles 6 and 34 of the Constitution. The restriction is not proportionate to the legitimate aim of preventing vexatious litigation and unduly impairs constitutional rights.

Citation
[2008] IESC 40
Parties
Plaintiff/respondent: Louis Blehein; Defendants/appellants: The Minister for Health & Children, Ireland, and the Attorney General
Jurisdiction
Ireland
Judgment Date
10 July 2008
Procedural Posture
Constitutional Appeal / Supreme Court Appeal From High Court
Outcome
Appeal dismissed; High Court order affirmed
Legal Topics
Access to Courts, Separation of Powers, Proportionality, Constitutionality of Statutes, Mental Health Legislation
Constitutional Law Mental Health Law Civil Procedure Access to Courts Separation of Powers Proportionality Constitutionality of Statutes Mental Health Legislation

Case Brief

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Parties

Louis Blehein

Plaintiff/respondent

The Minister for Health & Children, Ireland, and the Attorney General

Defendants/appellants

Procedural Posture

Constitutional Appeal / Supreme Court Appeal From High Court

Legal Issues

  1. 1 Whether s.260 of the Mental Treatment Act, 1945 (as amended) is unconstitutional for impermissibly restricting access to the courts contrary to Articles 6 and 34 of the Constitution.

Ratio Decidendi

Section 260 of the Mental Treatment Act, 1945, as amended, is unconstitutional because it impermissibly restricts access to the courts by confining the grounds for leave to sue to only bad faith or lack of reasonable care, thereby violating Articles 6 and 34 of the Constitution. The restriction is not proportionate to the legitimate aim of preventing vexatious litigation and unduly impairs constitutional rights.

Court Disposition

Appeal dismissed; High Court order affirmed

Orders

  • Declaration that s.260 of the Mental Treatment Act, 1945 (as amended) is unconstitutional having regard to Article 6 and Article 34 of the Constitution.