Hayes -v- Minister for Finance [2007] IESC 8 (23 February 2007)

Hayes -v- Minister for Finance [2007] IESC 8 (23 February 2007)

The Supreme Court held that while the Gardaí owed a duty of care, there was no breach of that duty that was causative of the plaintiff’s injuries. The proximate and immediate cause of the accident was the reckless driving of the motorcyclist, which constituted a novus actus interveniens, breaking the chain of causation. The Gardaí’s actions were reasonable in the circumstances and did not materially contribute to the accident.

Citation
[2007] IESC 8
Parties
Plaintiff/respondent: Deirdre Hayes; Defendant/appellant: Minister for Finance
Jurisdiction
Ireland
Judgment Date
23 February 2007
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court
Outcome
Appeal allowed; High Court order set aside; plaintiff's claim dismissed.
Legal Topics
Negligence, Duty of Care, Causation, Police Pursuit, Novus Actus Interveniens
Tort Law Police Liability Negligence Duty of Care Causation Police Pursuit Novus Actus Interveniens

Case Brief

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Parties

Deirdre Hayes

Plaintiff/respondent

Minister for Finance

Defendant/appellant

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court

Legal Issues

  1. 1 Whether the Gardaí breached a duty of care to the plaintiff during a police pursuit resulting in injury
  2. 2 Whether the actions of the Gardaí were causative of the plaintiff’s injuries or whether the motorcyclist’s conduct constituted a novus actus interveniens

Ratio Decidendi

The Supreme Court held that while the Gardaí owed a duty of care, there was no breach of that duty that was causative of the plaintiff’s injuries. The proximate and immediate cause of the accident was the reckless driving of the motorcyclist, which constituted a novus actus interveniens, breaking the chain of causation. The Gardaí’s actions were reasonable in the circumstances and did not materially contribute to the accident.

Court Disposition

Appeal allowed; High Court order set aside; plaintiff's claim dismissed.

Orders

  • High Court order set aside
  • Plaintiff's claim dismissed