Kemmy -v- Ireland & Anor [2009] IEHC 178 (25 February 2009)

Kemmy -v- Ireland & Anor [2009] IEHC 178 (25 February 2009)

The State is neither vicariously nor directly liable in damages for the acts or omissions of judges in the exercise of their judicial functions, even where a criminal conviction is quashed for unfairness at trial, because of the constitutional independence of the judiciary and the doctrine of judicial immunity. The State's obligation to vindicate the right to a fair trial is satisfied by providing independent courts and appellate remedies. No further remedy in damages arises against the State in these circumstances.

Citation
[2009] IEHC 178
Parties
Plaintiff: Joseph Kemmy; Defendants: Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
25 February 2009
Procedural Posture
Civil Action for Damages for Breach of Constitutional Rights And/or Negligence / High Court Judgment on Liability
Outcome
Plaintiff's claim dismissed
Legal Topics
State Liability, Judicial Immunity, Right to Fair Trial, Vicarious Liability, Direct Liability of State, Damages for Breach of Constitutional Rights
Constitutional Law Tort Law Judicial Immunity State Liability Right to Fair Trial Vicarious Liability Direct Liability of State Damages for Breach of Constitutional Rights

Case Brief

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Parties

Joseph Kemmy

Plaintiff

Ireland and the Attorney General

Defendants

Procedural Posture

Civil Action for Damages for Breach of Constitutional Rights And/or Negligence / High Court Judgment on Liability

Legal Issues

  1. 1 Is the State vicariously or directly liable in damages for a breach of constitutional rights arising from judicial error in a criminal trial?
  2. 2 Does judicial immunity preclude liability of the State for acts of judges?
  3. 3 Does the right to a fair trial under the Constitution entitle a person to damages from the State where a conviction is quashed for unfairness at trial?

Ratio Decidendi

The State is neither vicariously nor directly liable in damages for the acts or omissions of judges in the exercise of their judicial functions, even where a criminal conviction is quashed for unfairness at trial, because of the constitutional independence of the judiciary and the doctrine of judicial immunity. The State's obligation to vindicate the right to a fair trial is satisfied by providing independent courts and appellate remedies. No further remedy in damages arises against the State in these circumstances.

Court Disposition

Plaintiff's claim dismissed

Orders

  • Plaintiff's claim for damages against the State is dismissed.
  • No order as to damages or further relief.