Blehein -v- The Minister for Health & Children & ors [2018] IESC 40 (31 July 2018)
The law of tort provides the primary remedy for civil wrongs, and constitutional torts are only available where there is a clear gap in existing remedies. Judicial restraint and legal certainty require that new remedies are only recognized where absolutely necessary and must be precisely defined.
- Citation
- [2018] IESC 40
- Parties
- Plaintiff/appellant: Louis Blehein; Defendants/respondents: The Minister for Health and Children, Ireland and the Attorney General
- Jurisdiction
- Ireland
- Judgment Date
- 31 July 2018
- Procedural Posture
- Appeal / Supreme Court Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Constitutional Torts, Damages for Constitutional Rights Infringement, Judicial Restraint, Legal Certainty, Access to Courts
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Louis Blehein
Plaintiff/appellant
The Minister for Health and Children, Ireland and the Attorney General
Defendants/respondents
Procedural Posture
Appeal / Supreme Court Judgment
Legal Issues
- 1 Whether damages for breach of constitutional rights are available where no existing tort applies
- 2 Scope and limits of constitutional torts
- 3 Judicial restraint in creating new remedies
Ratio Decidendi
The law of tort provides the primary remedy for civil wrongs, and constitutional torts are only available where there is a clear gap in existing remedies. Judicial restraint and legal certainty require that new remedies are only recognized where absolutely necessary and must be precisely defined.
Court Disposition
Appeal dismissed
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment