O'C -v- The K L H & Anor [2006] IEHC 199 (22 June 2006)

O'C -v- The K L H & Anor [2006] IEHC 199 (22 June 2006)

The plaintiff's claims encompass multiple causes of action and incidents, including ongoing harassment, victimisation, intimidation and isolation, which do not arise solely from the alleged sexual assault or assault. These claims do not constitute intentional trespass to the person under s. 1(3)(b) of the Courts Act, 1988, and thus do not qualify for jury trial.

Citation
[2006] IEHC 199
Parties
Plaintiff: M. O’C.; First Named Defendant: The K L H; Second Named Defendant: M D
Jurisdiction
Ireland
Judgment Date
22 June 2006
Procedural Posture
High Court Civil Action / Application to Set Aside Notice of Trial by Judge and Jury
Outcome
Notice of trial by judge and jury set aside
Legal Topics
Sexual Assault, Harassment, Victimisation, Intentional Trespass to the Person, Negligence, Breach of Contract, Personal Injuries, Vicarious Liability
Employment Law Tort Law Contract Law Sexual Assault Harassment Victimisation Intentional Trespass to the Person Negligence +3 more

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Parties

M. O’C.

Plaintiff

The K L H

First Named Defendant

M D

Second Named Defendant

Procedural Posture

High Court Civil Action / Application to Set Aside Notice of Trial by Judge and Jury

Legal Issues

  1. 1 Whether the plaintiff's claim qualifies for jury trial under s. 1(3)(b) of the Courts Act, 1988
  2. 2 Whether claims for harassment, victimisation, intimidation and isolation constitute intentional trespass to the person

Ratio Decidendi

The plaintiff's claims encompass multiple causes of action and incidents, including ongoing harassment, victimisation, intimidation and isolation, which do not arise solely from the alleged sexual assault or assault. These claims do not constitute intentional trespass to the person under s. 1(3)(b) of the Courts Act, 1988, and thus do not qualify for jury trial.

Court Disposition

Notice of trial by judge and jury set aside

Orders

  • Notice of trial by judge and jury dated 14th March, 2006 is set aside