Gould -v- McSweeney & Ors [2007] IEHC 5 (23 January 2007)

Gould -v- McSweeney & Ors [2007] IEHC 5 (23 January 2007)

The disciplinary process adopted by the Association did not breach the principles of natural justice. The Plaintiff was given adequate notice, an opportunity to be heard, and the alleged bias did not vitiate the decision as the complainant did not vote. The procedures were appropriate for an amateur sporting association, and the Plaintiff was not prejudiced. Relief was refused and the prior restraining order was vacated.

Citation
[2007] IEHC 5
Parties
Plaintiff: Kieran Gould; Defendant: Michael McSweeney; Defendant: Susan Greene; Defendant: Pat O'Sullivan; Defendant: Brendan Hayes; Defendant: James O'Driscoll; Defendant: Liam Daly; Defendant: Harry Jennings; Defendant: Dan McCarthy; Defendant: Pat McCarthy
Jurisdiction
Ireland
Judgment Date
23 January 2007
Procedural Posture
Civil Judicial Review / Declaratory Relief / High Court Judgment
Outcome
Plaintiff's claim dismissed; relief refused; prior order vacated.
Legal Topics
Natural Justice, Bias, Audi Alteram Partem, Nemo Judex in Causa Sua, Internal Disciplinary Proceedings, Procedural Fairness
Sports Law Administrative Law Contract Law Natural Justice Bias Audi Alteram Partem Nemo Judex in Causa Sua Internal Disciplinary Proceedings +1 more

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Parties

Kieran Gould

Plaintiff

Michael McSweeney

Defendant

Susan Greene

Defendant

Pat O'Sullivan

Defendant

Brendan Hayes

Defendant

James O'Driscoll

Defendant

Liam Daly

Defendant

Harry Jennings

Defendant

Dan McCarthy

Defendant

Pat McCarthy

Defendant

Procedural Posture

Civil Judicial Review / Declaratory Relief / High Court Judgment

Legal Issues

  1. 1 Whether the disciplinary decision of the Association was invalid for breach of natural and constitutional justice, specifically audi alteram partem and nemo judex in causa sua.
  2. 2 Whether the Plaintiff was denied a fair hearing or prejudiced by the procedures adopted by the Association.

Ratio Decidendi

The disciplinary process adopted by the Association did not breach the principles of natural justice. The Plaintiff was given adequate notice, an opportunity to be heard, and the alleged bias did not vitiate the decision as the complainant did not vote. The procedures were appropriate for an amateur sporting association, and the Plaintiff was not prejudiced. Relief was refused and the prior restraining order was vacated.

Court Disposition

Plaintiff's claim dismissed; relief refused; prior order vacated.

Orders

  • Relief sought by Plaintiff refused.
  • Order of 16th June 2006 vacated.