O Dwyer v McDonnell & Ors [2006] IEHC 281 (02 October 2006)

O Dwyer v McDonnell & Ors [2006] IEHC 281 (02 October 2006)

The plaintiff's delay in commencing and prosecuting the proceedings was inordinate. While judicial knowledge explains delay in reporting sexual abuse, no adequate explanation was provided for the delay after 1999. The State has suffered grave and irrevocable prejudice due to the death of key witnesses and loss of documentation, making a fair trial impossible. The balance of justice requires dismissal of the claim.

Citation
[2006] IEHC 281
Parties
Plaintiff: John O'Dwyer; Defendant: Anthony Mark McDonnell; Defendant: The Minister for Education and Science; Defendant: The Minister for Health and Children; Defendant: Ireland; Defendant: The Attorney General
Jurisdiction
Ireland
Judgment Date
02 October 2006
Procedural Posture
Civil / Application to Dismiss for Inordinate and Inexcusable Delay
Outcome
Plaintiff's claim against the State dismissed
Legal Topics
Inordinate and Inexcusable Delay, Vicarious Liability, Personal Injury, Sexual Abuse, Limitation Periods, Fair Trial Rights
Civil Procedure Tort Law Inordinate and Inexcusable Delay Vicarious Liability Personal Injury Sexual Abuse Limitation Periods Fair Trial Rights

Case Brief

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Parties

John O'Dwyer

Plaintiff

Anthony Mark McDonnell

Defendant

The Minister for Education and Science

Defendant

The Minister for Health and Children

Defendant

Ireland

Defendant

The Attorney General

Defendant

Procedural Posture

Civil / Application to Dismiss for Inordinate and Inexcusable Delay

Legal Issues

  1. 1 Whether the plaintiff's claim should be dismissed for inordinate and inexcusable delay
  2. 2 Whether the delay has caused prejudice to the State such that a fair trial is no longer possible

Ratio Decidendi

The plaintiff's delay in commencing and prosecuting the proceedings was inordinate. While judicial knowledge explains delay in reporting sexual abuse, no adequate explanation was provided for the delay after 1999. The State has suffered grave and irrevocable prejudice due to the death of key witnesses and loss of documentation, making a fair trial impossible. The balance of justice requires dismissal of the claim.

Court Disposition

Plaintiff's claim against the State dismissed

Orders

  • Plaintiff's claim against the State is struck out and dismissed due to inordinate and prejudicial delay.