Blehein v. Murphy [1999] IEHC 183 (2nd July, 1999)

Blehein v. Murphy [1999] IEHC 183 (2nd July, 1999)

The applicant failed to establish substantial grounds that any of the proposed defendants acted in bad faith or without reasonable care. Even if such grounds existed, the proposed action is statute barred, justifying refusal of leave.

Citation
[1999] IEHC 183
Parties
Applicant: Applicant; Proposed Defendant: Dr. Murphy; Proposed Defendant: Dr. Kennedy; Proposed Defendant: Mrs. Blehein; Proposed Defendants: Three members of the Garda Siochana
Jurisdiction
Ireland
Procedural Posture
Application for Leave to Institute Proceedings Under Section 260 of the Mental Treatment Act, 1945 / High Court Judgment on Application for Leave
Outcome
Leave to institute proceedings refused.
Legal Topics
Bad Faith, Reasonable Care, Unlawful Detention, Fraud, Conspiracy, Libel, Slander, Breach of Constitutional Rights, Statute Bar
Mental Health Law Tort Law Constitutional Law Bad Faith Reasonable Care Unlawful Detention Fraud Conspiracy +4 more

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Parties

Applicant

Applicant

Dr. Murphy

Proposed Defendant

Dr. Kennedy

Proposed Defendant

Mrs. Blehein

Proposed Defendant

Three members of the Garda Siochana

Proposed Defendants

Procedural Posture

Application for Leave to Institute Proceedings Under Section 260 of the Mental Treatment Act, 1945 / High Court Judgment on Application for Leave

Legal Issues

  1. 1 Whether there are substantial grounds for contending that the proposed defendants acted in bad faith or without reasonable care under Section 260 of the Mental Treatment Act, 1945
  2. 2 Whether the proposed action is statute barred

Ratio Decidendi

The applicant failed to establish substantial grounds that any of the proposed defendants acted in bad faith or without reasonable care. Even if such grounds existed, the proposed action is statute barred, justifying refusal of leave.

Court Disposition

Leave to institute proceedings refused.

Orders

  • Leave to institute proceedings under Section 260 of the Mental Treatment Act, 1945 is refused.