Tracey -v- McDowell & ors [2016] IESC 44 (26 July 2016)

Tracey -v- McDowell & ors [2016] IESC 44 (26 July 2016)

The trial judge was entitled to find procedural failure due to inadequate medical evidence, but dismissal was disproportionate given timely progression up to illness and some advance in medical evidence; a lesser sanction was warranted.

Citation
[2016] IESC 44
Parties
Plaintiff/appellant: Kevin Tracey; Plaintiff/appellant: Karen Tracey; Defendant/respondent: Michael McDowell; Defendant/respondent: The Minister for Justice Equality & Law Reform; Defendant/respondent: Ireland; Defendant/respondent: The Attorney General; Defendant/respondent: The Commissioner of An Garda Síochána; Defendant/respondent: The Director of Public Prosecutions; Defendant/respondent: The Chief Executive of The Courts Service; Defendant/respondent: Bernard Neary; Defendant/respondent: Edward Finucane; Defendant/respondent: John Keenan; Defendant/respondent: Patrick Flynn; Defendant/respondent: John Costello; Defendant/respondent: Dermot O’Connell; Defendant/respondent: David O’Brien
Jurisdiction
Ireland
Judgment Date
26 July 2016
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Dismissal
Outcome
Appeal allowed; High Court dismissal orders set aside
Legal Topics
Dismissal for Want of Prosecution, Case Management, Medical Evidence, Proportionality of Sanctions, Recusal and Bias
Civil Procedure Dismissal for Want of Prosecution Case Management Medical Evidence Proportionality of Sanctions Recusal and Bias

Case Brief

Summary, issues, holding and outcome

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Parties

Kevin Tracey

Plaintiff/appellant

Karen Tracey

Plaintiff/appellant

Michael McDowell

Defendant/respondent

The Minister for Justice Equality & Law Reform

Defendant/respondent

Ireland

Defendant/respondent

The Attorney General

Defendant/respondent

The Commissioner of An Garda Síochána

Defendant/respondent

The Director of Public Prosecutions

Defendant/respondent

The Chief Executive of The Courts Service

Defendant/respondent

Bernard Neary

Defendant/respondent

Edward Finucane

Defendant/respondent

John Keenan

Defendant/respondent

Patrick Flynn

Defendant/respondent

John Costello

Defendant/respondent

Dermot O’Connell

Defendant/respondent

David O’Brien

Defendant/respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Dismissal

Legal Issues

  1. 1 Whether dismissal for want of prosecution was proportionate given procedural failures and medical evidence
  2. 2 Whether alleged bias by trial judge warranted recusal

Ratio Decidendi

The trial judge was entitled to find procedural failure due to inadequate medical evidence, but dismissal was disproportionate given timely progression up to illness and some advance in medical evidence; a lesser sanction was warranted.

Court Disposition

Appeal allowed; High Court dismissal orders set aside

Orders

  • Proceedings reinstated
  • Direction for further case management before President of High Court or nominee