Grace v Hendrick& Ors (Approved) [2023] IEHC 454 (18 July 2023)

Grace v Hendrick& Ors (Approved) [2023] IEHC 454 (18 July 2023)

The proceedings are not a 'personal injuries action' within the meaning of s.2(1) of the Civil Liability and Courts Act 2004 because the damages claimed include trespass to the person and false imprisonment. The applicant has not satisfied the court that mediation will assist in reaching a settlement given the number of defendants and uncertainty regarding enforceability. The application for a mediation order is refused.

Citation
[2023] IEHC 454
Parties
Plaintiff: Kenneth Grace; Defendant: Paul Hendrick; Defendant: Edmund Garvey
Jurisdiction
Ireland
Judgment Date
18 July 2023
Procedural Posture
Personal Injuries Action / Interlocutory Application for Mediation Order Under S.15(b) Civil Liability and Courts Act 2004
Outcome
Application for mediation order refused
Legal Topics
Personal Injuries, Vicarious Liability, Mediation, Limitation Periods, Access to Justice
Tort Law Civil Procedure Personal Injuries Vicarious Liability Mediation Limitation Periods Access to Justice

Case Brief

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Parties

Kenneth Grace

Plaintiff

Paul Hendrick

Defendant

Edmund Garvey

Defendant

Procedural Posture

Personal Injuries Action / Interlocutory Application for Mediation Order Under S.15(b) Civil Liability and Courts Act 2004

Legal Issues

  1. 1 Whether the proceedings constitute a 'personal injuries action' within the meaning of s.2(1) Civil Liability and Courts Act 2004
  2. 2 Whether the court should direct the parties to attend mediation under s.15(b) of the 2004 Act

Ratio Decidendi

The proceedings are not a 'personal injuries action' within the meaning of s.2(1) of the Civil Liability and Courts Act 2004 because the damages claimed include trespass to the person and false imprisonment. The applicant has not satisfied the court that mediation will assist in reaching a settlement given the number of defendants and uncertainty regarding enforceability. The application for a mediation order is refused.

Court Disposition

Application for mediation order refused

Orders

  • Application under s.15(b) Civil Liability and Courts Act 2004 dismissed
  • Parties urged to close pleadings and proceed with case management