Sheridan -v- Kelly & anor [2006] IESC 26 (06 April 2006)

Sheridan -v- Kelly & anor [2006] IESC 26 (06 April 2006)

The plaintiff’s claim for damages for negligence and for intentional trespass to the person (sexual assault) arises from the same act or omission, thus falling within the exception in section 1(3)(b) of the Courts Act, 1988, entitling the plaintiff to a jury trial.

Citation
[2006] IESC 26
Parties
Plaintiff/appellant: Richard Sheridan; Defendant/respondent: Patrick Kelly; Defendant/respondent: Anthony Mark McDonnell (representative of the Congregation of Christian Brothers)
Jurisdiction
Ireland
Judgment Date
06 April 2006
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court Order Transferring Case to Non Jury List
Outcome
Appeal allowed; High Court order set aside
Legal Topics
Personal Injury, Sexual Assault, Vicarious Liability, Right to Jury Trial
Tort Law Constitutional Law Civil Procedure Personal Injury Sexual Assault Vicarious Liability Right to Jury Trial

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Parties

Richard Sheridan

Plaintiff/appellant

Patrick Kelly

Defendant/respondent

Anthony Mark McDonnell (representative of the Congregation of Christian Brothers)

Defendant/respondent

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court Order Transferring Case to Non Jury List

Legal Issues

  1. 1 Whether the plaintiff is entitled to a jury trial for a personal injury claim arising from sexual assault, considering the provisions of section 1 of the Courts Act, 1988.

Ratio Decidendi

The plaintiff’s claim for damages for negligence and for intentional trespass to the person (sexual assault) arises from the same act or omission, thus falling within the exception in section 1(3)(b) of the Courts Act, 1988, entitling the plaintiff to a jury trial.

Court Disposition

Appeal allowed; High Court order set aside

Orders

  • Order dismissing the notice of motion of the second named defendant to transfer the case to the non-jury list.