C v C.J. (Approved) [2022] IECA 24 (02 February 2022)

C v C.J. (Approved) [2022] IECA 24 (02 February 2022)

The appellant's claim involves allegations of want of care and lack of good faith, which are not excluded by s.73. The respondent has not established that there are no reasonable grounds for the appellant to advance his claims. Failure to obtain an expert report is not fatal at this stage as the claim is more factual and legal than medical. Leave to institute proceedings should be granted.

Citation
[2022] IECA 24
Parties
Applicant/appellant: C; Respondent: John Casey
Jurisdiction
Ireland
Judgment Date
02 February 2022
Procedural Posture
Civil Appeal / Appeal From High Court Decision
Outcome
appeal allowed
Legal Topics
Leave to Institute Proceedings, Bad Faith, Reasonable Care, Professional Negligence, Statutory Immunity, Constitutional Rights
Mental Health Law Civil Procedure Professional Negligence Leave to Institute Proceedings Bad Faith Reasonable Care Statutory Immunity Constitutional Rights

Case Brief

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Parties

C

Applicant/appellant

John Casey

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Whether leave should be granted to institute proceedings under s.73 of the Mental Health Act 2001
  2. 2 Whether the respondent acted in bad faith or without reasonable care
  3. 3 Whether an expert report is required to commence professional negligence proceedings

Ratio Decidendi

The appellant's claim involves allegations of want of care and lack of good faith, which are not excluded by s.73. The respondent has not established that there are no reasonable grounds for the appellant to advance his claims. Failure to obtain an expert report is not fatal at this stage as the claim is more factual and legal than medical. Leave to institute proceedings should be granted.

Court Disposition

appeal allowed

Orders

  • Leave granted to appellant to institute proceedings against respondent under s.73 of the Mental Health Act 2001