PMcD v The Governor of X Prison (Approved) [2021] IESC 65_3 (17 September 2021)

On the facts, no duty of care arose towards the appellant from the operation of the complaints procedure, and there was no basis for granting a declaration.

Citation: [2021] IESC 65_3
Parties: Plaintiff/appellant: P McD; Defendant/respondent: The Governor of X Prison
Jurisdiction: Ireland
Judgment Date: 17 September 2021
Procedural Posture: Appeal / Supreme Court Judgment
Outcome: Appeal dismissed
Legal Topics: Duty of Care, Prison Complaints Procedure, Declarations

Tort Law Prison Law Duty of Care Prison Complaints Procedure Declarations

Case Brief

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Parties

P McD

Plaintiff/appellant

The Governor of X Prison

Defendant/respondent

Procedural Posture

Appeal / Supreme Court Judgment

Legal Issues

1 Whether the prison authorities owed a duty of care to the appellant regarding the operation of the complaints procedure
2 Whether a declaration should be granted in the circumstances

Ratio Decidendi

On the facts, no duty of care arose towards the appellant from the operation of the complaints procedure, and there was no basis for granting a declaration.

Court Disposition

Appeal dismissed

Orders

No declaration granted