O'Dwyer -v- The Daughters of Charity of St. Vincent de Paul & Ors [2015] IECA 226 (21 October 2015)

O'Dwyer -v- The Daughters of Charity of St. Vincent de Paul & Ors [2015] IECA 226 (21 October 2015)

The plaintiff's claim is statute-barred because she was aware of all material facts at the time of the events and there was no concealment by fraud within the meaning of s.71(1)(b) of the Statute of Limitations 1957. The failure to inform her of the illegality of the process does not amount to fraudulent concealment. The new evidence sought to be admitted would not have changed the outcome as the High Court already assumed the facts most favorable to the plaintiff. The appeal is dismissed.

Citation
[2015] IECA 226
Parties
Plaintiff/appellant: Elizabeth Anne O'Dwyer; Defendants/respondents: The Daughters of Charity of St. Vincent de Paul; Defendants: The Sisters of Our Lady of Charity of Refuge; Defendants: Health Service Executive
Jurisdiction
Ireland
Judgment Date
21 October 2015
Procedural Posture
Appeal / Judgment on Appeal Against High Court Order Striking Out Claim as Statute Barred and for Inordinate and Inexcusable Delay
Outcome
Appeal dismissed
Legal Topics
Statute of Limitations, Concealed Fraud, Adoption Law, Delay in Proceedings, Personal Injury, Breach of Duty, Breach of Constitutional Rights
Civil Procedure Tort Law Constitutional Law Statute of Limitations Concealed Fraud Adoption Law Delay in Proceedings Personal Injury +2 more

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Parties

Elizabeth Anne O'Dwyer

Plaintiff/appellant

The Daughters of Charity of St. Vincent de Paul

Defendants/respondents

The Sisters of Our Lady of Charity of Refuge

Defendants

Health Service Executive

Defendants

Procedural Posture

Appeal / Judgment on Appeal Against High Court Order Striking Out Claim as Statute Barred and for Inordinate and Inexcusable Delay

Legal Issues

  1. 1 Whether the plaintiff's claim against the first defendant is statute-barred under the Statute of Limitations 1957
  2. 2 Whether the 'concealed fraud' exception under s.71 of the Statute of Limitations 1957 applies
  3. 3 Whether the plaintiff should be permitted to adduce new evidence on appeal

Ratio Decidendi

The plaintiff's claim is statute-barred because she was aware of all material facts at the time of the events and there was no concealment by fraud within the meaning of s.71(1)(b) of the Statute of Limitations 1957. The failure to inform her of the illegality of the process does not amount to fraudulent concealment. The new evidence sought to be admitted would not have changed the outcome as the High Court already assumed the facts most favorable to the plaintiff. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Plaintiff's claim against the first defendant (Daughters of Charity) is dismissed as statute-barred
  • Application to admit new evidence is refused as it would not affect the outcome