Delahunty -v- Player & Wills (Ireland) Ltd. & anor [2006] IESC 21 (05 April 2006)

Delahunty -v- Player & Wills (Ireland) Ltd. & anor [2006] IESC 21 (05 April 2006)

The appeal was dismissed because the pleadings, taken with particulars and supporting evidence, disclosed a reasonable cause of action and raised complex issues of law and fact unsuitable for summary dismissal. The court held that whether cigarettes are defective products under the 1991 Act, and whether causation and liability are established, are matters for trial, not for determination on a preliminary motion.

Citation
[2006] IESC 21
Parties
Respondent/plaintiff: Margaret Delahunty; First Named Defendant: Player & Wills (Ireland) Limited; Appellant/second Named Defendant: Gallaher (Dublin) Limited; Third Named Defendant: The Minister for Health and Children Ireland; Fifth Named Defendant: The Attorney General
Jurisdiction
Ireland
Judgment Date
05 April 2006
Procedural Posture
Civil Appeal / Appeal From High Court Refusal to Dismiss Claim at Interlocutory Stage
Outcome
Appeal dismissed; High Court order affirmed
Legal Topics
Negligence, Defective Products, Causation, Addiction, Strike Out Applications, Strict Liability
Tort Law Product Liability Civil Procedure Negligence Defective Products Causation Addiction Strike Out Applications +1 more

Case Brief

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Parties

Margaret Delahunty

Respondent/plaintiff

Player & Wills (Ireland) Limited

First Named Defendant

Gallaher (Dublin) Limited

Appellant/second Named Defendant

The Minister for Health and Children Ireland

Third Named Defendant

The Attorney General

Fifth Named Defendant

Procedural Posture

Civil Appeal / Appeal From High Court Refusal to Dismiss Claim at Interlocutory Stage

Legal Issues

  1. 1 Whether the plaintiff's pleadings disclose a reasonable cause of action against the appellant for injuries allegedly caused by smoking cigarettes manufactured by the appellant
  2. 2 Whether the claim should be dismissed under Order 19 Rule 28 or the inherent jurisdiction of the court as having no reasonable prospect of success
  3. 3 Whether the Liability for Defective Products Act 1991 applies to cigarettes and imposes strict liability

Ratio Decidendi

The appeal was dismissed because the pleadings, taken with particulars and supporting evidence, disclosed a reasonable cause of action and raised complex issues of law and fact unsuitable for summary dismissal. The court held that whether cigarettes are defective products under the 1991 Act, and whether causation and liability are established, are matters for trial, not for determination on a preliminary motion.

Court Disposition

Appeal dismissed; High Court order affirmed

Orders

  • Appeal dismissed
  • Plaintiff's claim not struck out; to proceed to trial