B. -v- Southern Health Board & Ors [2007] IEHC 291 (20 July 2007)

B. -v- Southern Health Board & Ors [2007] IEHC 291 (20 July 2007)

The settlement of the 1998 proceedings was in full and final settlement of all claims, discharging the defendants under Civil Liability Act 1961; plaintiff is estopped from pursuing further claims for the same damage.

Citation
[2007] IEHC 291
Parties
Plaintiff: J. B.; Defendant: Southern Health Board; Defendant: The Minister for Health and Children; Defendant: The Minister for Education and Science; Defendant: Ireland; Defendant: The Attorney General
Jurisdiction
Ireland
Judgment Date
20 July 2007
Procedural Posture
Personal Injury Plenary Action / Ruling on Preliminary Applications for Dismissal
Outcome
Plaintiff's claims dismissed
Legal Topics
Concurrent Wrongdoers, Settlement, Estoppel, Statute of Limitations, Delay, Civil Liability Act 1961
Tort Law Civil Procedure Concurrent Wrongdoers Settlement Estoppel Statute of Limitations Delay Civil Liability Act 1961

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 3 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

J. B.

Plaintiff

Southern Health Board

Defendant

The Minister for Health and Children

Defendant

The Minister for Education and Science

Defendant

Ireland

Defendant

The Attorney General

Defendant

Procedural Posture

Personal Injury Plenary Action / Ruling on Preliminary Applications for Dismissal

Legal Issues

  1. 1 Whether the plaintiff's claim is statute barred
  2. 2 Whether the plaintiff's claim should be dismissed for delay
  3. 3 Whether previous settlement bars the current claim under Civil Liability Act 1961

Ratio Decidendi

The settlement of the 1998 proceedings was in full and final settlement of all claims, discharging the defendants under Civil Liability Act 1961; plaintiff is estopped from pursuing further claims for the same damage.

Court Disposition

Plaintiff's claims dismissed

Orders

  • Plaintiff's claims against all defendants dismissed