W. -v- Health Service Executive [2014] IESC 8 (19 February 2014)

W. -v- Health Service Executive [2014] IESC 8 (19 February 2014)

The appeal is moot as the minor has been released from custody and no exception to the general rule applies; the High Court decision was fact-based and did not establish new legal principles.

Source-derived case information.

Citation
[2014] IESC 8
Parties
Applicant/appellant: J. W. (a minor suing by his mother and next friend J. W.); Respondent: Health Service Executive; Notice Party: G. W.
Jurisdiction
Ireland
Judgment Date
19 February 2014
Procedural Posture
Appeal / Supreme Court Appeal From High Court Judgment
Outcome
appeal dismissed
Legal Topics
Habeas Corpus, Mootness, Emergency Care Orders, Child Custody
Constitutional Law Child Care Law Habeas Corpus Mootness Emergency Care Orders Child Custody

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Parties

J. W. (a minor suing by his mother and next friend J. W.)

Applicant/appellant

Health Service Executive

Respondent

G. W.

Notice Party

Procedural Posture

Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the appeal is moot due to the release of the minor from custody
  2. 2 Whether exceptions to the general rule on mootness apply in this case

Ratio Decidendi

The appeal is moot as the minor has been released from custody and no exception to the general rule applies; the High Court decision was fact-based and did not establish new legal principles.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; no hearing of moot appeal.