Sullivan -v- Boylan & Ors [2013] IEHC 104 (12 March 2013)

Sullivan -v- Boylan & Ors [2013] IEHC 104 (12 March 2013)

The third defendant's persistent, premeditated, and oppressive conduct in harassing the plaintiff at her home, including threats, repeated communications, and public shaming, constituted a grave breach of her constitutional rights to the protection of the person and the inviolability of her dwelling. As tort law was ineffective to provide adequate remedies, the court awarded damages directly for breach of constitutional rights, including exemplary damages to mark the court's disapproval.

Citation
[2013] IEHC 104
Parties
Plaintiff: Deirdre Sullivan; Defendant: Gerard Boylan; Defendant: Gerard Boylan Building Contractors Ltd.; Defendant: Patrick McCartan (No.2)
Jurisdiction
Ireland
Judgment Date
12 March 2013
Procedural Posture
Civil / Judgment on Damages Following Earlier Finding of Liability and Grant of Injunction
Outcome
Judgment for the plaintiff against the third defendant for damages for breach of constitutional rights.
Legal Topics
Harassment, Inviolability of the Dwelling, Protection of the Person, Damages for Breach of Constitutional Rights, Exemplary Damages, Debt Collection Practices
Constitutional Law Tort Law Harassment Inviolability of the Dwelling Protection of the Person Damages for Breach of Constitutional Rights Exemplary Damages Debt Collection Practices

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Parties

Deirdre Sullivan

Plaintiff

Gerard Boylan

Defendant

Gerard Boylan Building Contractors Ltd.

Defendant

Patrick McCartan (No.2)

Defendant

Procedural Posture

Civil / Judgment on Damages Following Earlier Finding of Liability and Grant of Injunction

Legal Issues

  1. 1 Whether the conduct of the third defendant constituted a breach of the plaintiff's constitutional rights under Articles 40.3.2 and 40.5
  2. 2 Whether the plaintiff is entitled to damages for breach of constitutional rights where tort law is ineffective
  3. 3 Whether exemplary damages should be awarded for oppressive conduct

Ratio Decidendi

The third defendant's persistent, premeditated, and oppressive conduct in harassing the plaintiff at her home, including threats, repeated communications, and public shaming, constituted a grave breach of her constitutional rights to the protection of the person and the inviolability of her dwelling. As tort law was ineffective to provide adequate remedies, the court awarded damages directly for breach of constitutional rights, including exemplary damages to mark the court's disapproval.

Court Disposition

Judgment for the plaintiff against the third defendant for damages for breach of constitutional rights.

Orders

  • Award of €15,000 in general damages to the plaintiff for breach of constitutional rights.
  • Award of €7,500 in exemplary damages to the plaintiff for oppressive conduct.