McDonagh -v- O'Shea & ors [2016] IEHC 428 (25 July 2016)

McDonagh -v- O'Shea & ors [2016] IEHC 428 (25 July 2016)

Proceedings dismissed due to inordinate delay (36 years), death of alleged perpetrator, and substantial risk of unfair trial or unjust result; delay primarily attributable to plaintiff; claims against both alleged sexual and physical abusers cannot proceed.

Citation
[2016] IEHC 428
Parties
Plaintiff: Anthony McDonagh; Defendant: John O'Shea; Defendant: Minister for Education and Science; Defendant: Western Health Board; Defendant: Ireland; Defendant: Attorney General
Jurisdiction
Ireland
Judgment Date
25 July 2016
Procedural Posture
Plenary Summons / Application to Strike Out Proceedings for Delay
Outcome
Proceedings dismissed
Legal Topics
Sexual Abuse, Delay in Proceedings, Vicarious Liability, Fair Trial, Strike Out Applications
Civil Litigation Tort Law Sexual Abuse Delay in Proceedings Vicarious Liability Fair Trial Strike Out Applications

Case Brief

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Parties

Anthony McDonagh

Plaintiff

John O'Shea

Defendant

Minister for Education and Science

Defendant

Western Health Board

Defendant

Ireland

Defendant

Attorney General

Defendant

Procedural Posture

Plenary Summons / Application to Strike Out Proceedings for Delay

Legal Issues

  1. 1 Whether proceedings should be struck out due to inordinate and inexcusable delay
  2. 2 Whether the death of the alleged perpetrator creates a substantial risk of unfair trial
  3. 3 Responsibility for delay in progressing proceedings

Ratio Decidendi

Proceedings dismissed due to inordinate delay (36 years), death of alleged perpetrator, and substantial risk of unfair trial or unjust result; delay primarily attributable to plaintiff; claims against both alleged sexual and physical abusers cannot proceed.

Court Disposition

Proceedings dismissed

Orders

  • All claims against defendants struck out
  • No trial to proceed on allegations of sexual or physical abuse