Tracy & anor -v- McDowell & ors [2018] IEHC 446 (27 July 2018)

Tracy & anor -v- McDowell & ors [2018] IEHC 446 (27 July 2018)

Plaintiffs failed to make out a prima facie case on any cause of action; evidence regarding alleged assault lacked credibility and was inconsistent with other facts and correspondence; jury could not reasonably find for plaintiffs on the evidence adduced.

Citation
[2018] IEHC 446
Parties
Plaintiff: Kevin Tracy; Plaintiff: Karen Tracy; Defendant: Michael McDowell; Defendant: Minister for Justice, Equality and Law Reform; Defendant: Ireland; Defendant: Attorney General; Defendant: Commissioner of An Garda Síochána; Defendant: Director of Public Prosecutions; Defendant: Chief Executive of the Courts Service; Defendant: Bernard Neery; Defendant: Edward Finucane; Defendant: John Keenan; Defendant: Patrick Flynn; Defendant: John Costello; Defendant: Dermot O’Connell; Defendant: David O’Brien
Jurisdiction
Ireland
Judgment Date
27 July 2018
Procedural Posture
Civil Tort Action / Application for Direction to Dismiss at Conclusion of Plaintiff's Case
Outcome
action dismissed
Legal Topics
Application for Non Suit, Trial by Jury, Prima Facie Case, Assault and Battery, Judicial Direction
Tort Law Civil Procedure Application for Non Suit Trial by Jury Prima Facie Case Assault and Battery Judicial Direction

Case Brief

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Parties

Kevin Tracy

Plaintiff

Karen Tracy

Plaintiff

Michael McDowell

Defendant

Minister for Justice, Equality and Law Reform

Defendant

Ireland

Defendant

Attorney General

Defendant

Commissioner of An Garda Síochána

Defendant

Director of Public Prosecutions

Defendant

Chief Executive of the Courts Service

Defendant

Bernard Neery

Defendant

Edward Finucane

Defendant

John Keenan

Defendant

Patrick Flynn

Defendant

John Costello

Defendant

Dermot O’Connell

Defendant

David O’Brien

Defendant

Procedural Posture

Civil Tort Action / Application for Direction to Dismiss at Conclusion of Plaintiff's Case

Legal Issues

  1. 1 Whether plaintiffs made out a prima facie case for any cause of action
  2. 2 Whether evidence adduced entitled jury to reasonably find for plaintiffs
  3. 3 Credibility of evidence regarding alleged assault

Ratio Decidendi

Plaintiffs failed to make out a prima facie case on any cause of action; evidence regarding alleged assault lacked credibility and was inconsistent with other facts and correspondence; jury could not reasonably find for plaintiffs on the evidence adduced.

Court Disposition

action dismissed

Orders

  • case withdrawn from jury
  • proceedings dismissed