Kennedy -v- Murray & ors [2016] IEHC 291 (01 June 2016)

Kennedy -v- Murray & ors [2016] IEHC 291 (01 June 2016)

The plaintiff's claim against the State defendants is manifestly statute barred as the limitation period cannot be postponed by reference to a change in law or the ECtHR decision, and there is no evidence of disability or postponed date of knowledge. Additionally, the claim is bound to fail as the ECHR does not create justiciable rights for events predating the 2003 Act, and established Irish law precludes liability of the State defendants on the pleaded facts.

Citation
[2016] IEHC 291
Parties
Plaintiff: George Kennedy; Defendant: Michael Murray; Defendant: Brother Drummond; Defendant: Ireland; Defendant: The Attorney General; Defendant: The Minister for Education and Skills
Jurisdiction
Ireland
Judgment Date
01 June 2016
Procedural Posture
Personal Injuries Action / Application to Set Aside Joinder of State Defendants
Outcome
Application granted; joinder of State defendants set aside; claim against State defendants struck out
Legal Topics
Statute of Limitations, Vicarious Liability, Negligence, European Convention on Human Rights, Joinder of Parties, Retrospective Application of Law
Tort Law Constitutional Law Human Rights Law Civil Procedure Statute of Limitations Vicarious Liability Negligence European Convention on Human Rights +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 27 Party arguments 2
Sign in to unlock

Parties

George Kennedy

Plaintiff

Michael Murray

Defendant

Brother Drummond

Defendant

Ireland

Defendant

The Attorney General

Defendant

The Minister for Education and Skills

Defendant

Procedural Posture

Personal Injuries Action / Application to Set Aside Joinder of State Defendants

Legal Issues

  1. 1 Whether the plaintiff's claim against the State defendants is statute barred
  2. 2 Whether the claim discloses a reasonable cause of action against the State defendants
  3. 3 Whether a change in law by judicial decision can postpone the limitation period under the Statute of Limitations

Ratio Decidendi

The plaintiff's claim against the State defendants is manifestly statute barred as the limitation period cannot be postponed by reference to a change in law or the ECtHR decision, and there is no evidence of disability or postponed date of knowledge. Additionally, the claim is bound to fail as the ECHR does not create justiciable rights for events predating the 2003 Act, and established Irish law precludes liability of the State defendants on the pleaded facts.

Court Disposition

Application granted; joinder of State defendants set aside; claim against State defendants struck out

Orders

  • Order of the Master of 7th October 2014 joining the State defendants set aside
  • Plaintiff's claim against the State defendants struck out