O'Brien v The Health Service Executive & ors [2018] IEHC 659 (21 November 2018)

O'Brien v The Health Service Executive & ors [2018] IEHC 659 (21 November 2018)

The claim was dismissed because the delay resulted in gross prejudice to the defendants, making a fair trial impossible due to the death of the only person able to dispute the plaintiff's allegations. The interests of justice required dismissal regardless of the plaintiff's culpability for the delay.

Citation
[2018] IEHC 659
Parties
Plaintiff: Bridget O'Brien; First Defendant: The Health Service Executive; Second Defendant: Noel Corcoran; Third Defendant (guardian Ad Litem): Charlotte Egan
Jurisdiction
Ireland
Judgment Date
21 November 2018
Procedural Posture
Judicial Review / Application to Dismiss Claim for Delay
Outcome
Claim dismissed against the first and second defendants
Legal Topics
Sexual Abuse, Delay in Proceedings, Fair Trial Rights, Limitation of Actions
Civil Procedure Tort Law Sexual Abuse Delay in Proceedings Fair Trial Rights Limitation of Actions

Case Brief

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Parties

Bridget O'Brien

Plaintiff

The Health Service Executive

First Defendant

Noel Corcoran

Second Defendant

Charlotte Egan

Third Defendant (guardian Ad Litem)

Procedural Posture

Judicial Review / Application to Dismiss Claim for Delay

Legal Issues

  1. 1 Whether the plaintiff's claim should be dismissed due to delay resulting in prejudice to the defendants
  2. 2 Whether the delay has resulted in a real risk of an unfair trial

Ratio Decidendi

The claim was dismissed because the delay resulted in gross prejudice to the defendants, making a fair trial impossible due to the death of the only person able to dispute the plaintiff's allegations. The interests of justice required dismissal regardless of the plaintiff's culpability for the delay.

Court Disposition

Claim dismissed against the first and second defendants

Orders

  • Plaintiff's claim against the first and second defendants is dismissed