Naughton -v- Dummond & ors [2016] IEHC 290 (01 June 2016)

Naughton -v- Dummond & ors [2016] IEHC 290 (01 June 2016)

The plaintiff's claim against the State defendants is clearly and manifestly statute barred as the limitation period expired long before proceedings were commenced, there is no evidence of disability to postpone the period, and a change in law (O'Keeffe v Ireland) does not affect the date of knowledge. Additionally, the claim is bound to fail as the European Convention on Human Rights Act 2003 does not apply retrospectively, and the pleaded causes of action in negligence and vicarious liability are unsustainable under current Irish law.

Citation
[2016] IEHC 290
Parties
Plaintiff: Gerard Naughton; Defendant: Sean John Drummond; Defendant: John Kevin Mullan; Defendant: Minister for Education and Skills, Ireland; Defendant: Attorney General
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, Retrospective Application of Law, Joinder of Parties
Tort Law Limitation of Actions Human Rights Law Statute of Limitations Vicarious Liability Negligence European Convention on Human Rights Retrospective Application of Law +1 more

Case Brief

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Parties

Gerard Naughton

Plaintiff

Sean John Drummond

Defendant

John Kevin Mullan

Defendant

Minister for Education and Skills, Ireland

Defendant

Attorney General

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 plaintiff's claim discloses a reasonable cause of action against the State defendants
  3. 3 Whether a change in law (O'Keeffe v Ireland) can revive or create a cause of action for limitation purposes

Ratio Decidendi

The plaintiff's claim against the State defendants is clearly and manifestly statute barred as the limitation period expired long before proceedings were commenced, there is no evidence of disability to postpone the period, and a change in law (O'Keeffe v Ireland) does not affect the date of knowledge. Additionally, the claim is bound to fail as the European Convention on Human Rights Act 2003 does not apply retrospectively, and the pleaded causes of action in negligence and vicarious liability are unsustainable under current Irish law.

Court Disposition

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

Orders

  • Order of the Master of 24 October 2014 joining State defendants set aside
  • Plaintiff's claim against State defendants struck out