McCabe v. Ireland [1999] IESC 52; [1999] 4 IR 151; [2000] 1 ILRM 410 (7th July, 1999)

McCabe v. Ireland [1999] IESC 52; [1999] 4 IR 151; [2000] 1 ILRM 410 (7th July, 1999)

The High Court was correct to direct the trial of preliminary issues of law on the basis that, for the purposes of those issues only, the plaintiff's averments are accepted as true. Discovery may be postponed until after the preliminary issue is determined.

Citation
[2000] 1 ILRM 410
Parties
Plaintiff/appellant: Plaintiff/Appellant; Defendants/respondents: Defendants/Respondents
Jurisdiction
Ireland
Procedural Posture
Appeal / Appeal Against High Court Order for Trial of Preliminary Issue
Outcome
Appeal dismissed; High Court order affirmed
Legal Topics
Duty of Care, Preliminary Issues, Discovery, Statutory Duty, Negligence
Tort Law Civil Procedure Duty of Care Preliminary Issues Discovery Statutory Duty Negligence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Plaintiff/Appellant

Plaintiff/appellant

Defendants/Respondents

Defendants/respondents

Procedural Posture

Appeal / Appeal Against High Court Order for Trial of Preliminary Issue

Legal Issues

  1. 1 Whether the defendants owed a duty of care at common law in relation to temporary release of prisoners
  2. 2 Whether the defendants owed any statutory duties in connection with temporary release of prisoners
  3. 3 Whether a preliminary issue of law can be tried before establishing all facts

Ratio Decidendi

The High Court was correct to direct the trial of preliminary issues of law on the basis that, for the purposes of those issues only, the plaintiff's averments are accepted as true. Discovery may be postponed until after the preliminary issue is determined.

Court Disposition

Appeal dismissed; High Court order affirmed

Orders

  • Preliminary issues of law to be tried as directed by the High Court
  • Discovery of documents postponed to be dealt with by the High Court judge trying the preliminary issues