Cassidy -v- The Provincialate [2015] IECA 74 (16 April 2015)

Cassidy -v- The Provincialate [2015] IECA 74 (16 April 2015)

The plaintiff was guilty of inordinate and inexcusable delay in instituting proceedings, and there was insufficient evidence to excuse the delay based on dominion, background, or psychological incapacity. The death of the alleged abuser (PD) and other key witnesses caused the grossest imaginable prejudice to the defendant, depriving it of any real opportunity to defend the claim. The balance of justice, under the Primor test, and the risk of an unfair trial, under the O'Domhnaill test, both required dismissal of the proceedings.

Citation
[2015] IECA 74
Parties
Plaintiff/respondent: Maria Cassidy; Defendant/appellant: The Provincialate (Religious Sisters of Charity)
Jurisdiction
Ireland
Judgment Date
16 April 2015
Procedural Posture
Civil Appeal (personal Injuries, Historic Abuse) / Appeal From High Court Refusal to Dismiss for Delay
Outcome
Appeal allowed; proceedings dismissed
Legal Topics
Inordinate and Inexcusable Delay, Vicarious Liability, Personal Injuries, Historic Sexual Abuse, Statute of Limitations, Fair Trial Rights
Civil Procedure Tort Law Inordinate and Inexcusable Delay Vicarious Liability Personal Injuries Historic Sexual Abuse Statute of Limitations Fair Trial Rights

Case Brief

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Parties

Maria Cassidy

Plaintiff/respondent

The Provincialate (Religious Sisters of Charity)

Defendant/appellant

Procedural Posture

Civil Appeal (personal Injuries, Historic Abuse) / Appeal From High Court Refusal to Dismiss for Delay

Legal Issues

  1. 1 Whether the plaintiff's delay in instituting proceedings was inordinate and inexcusable
  2. 2 Whether the delay could be excused by reference to the plaintiff's circumstances
  3. 3 Whether the balance of justice favours dismissal of the proceedings

Ratio Decidendi

The plaintiff was guilty of inordinate and inexcusable delay in instituting proceedings, and there was insufficient evidence to excuse the delay based on dominion, background, or psychological incapacity. The death of the alleged abuser (PD) and other key witnesses caused the grossest imaginable prejudice to the defendant, depriving it of any real opportunity to defend the claim. The balance of justice, under the Primor test, and the risk of an unfair trial, under the O'Domhnaill test, both required dismissal of the proceedings.

Court Disposition

Appeal allowed; proceedings dismissed

Orders

  • Plaintiff's action dismissed for inordinate and inexcusable delay and risk of unfair trial
  • Order of the High Court refusing dismissal set aside