McDonald v Conroy & Ors (Unapproved) [2020] IECA 239 (06 August 2020)

McDonald v Conroy & Ors (Unapproved) [2020] IECA 239 (06 August 2020)

The High Court judgment was set aside because the trial judge failed to engage with key evidence and submissions, particularly regarding the issue of consent and the psychiatric evidence, and failed to provide adequate reasons for preferring one expert over another or for his findings on consent. The appellate court found these deficiencies to be significant and material errors going to the core validity of the findings, necessitating a rehearing.

Citation
[2020] IECA 239
Parties
Plaintiff: Ms McDonald; Defendant: Fr Conroy; Defendant: The School
Jurisdiction
Ireland
Judgment Date
06 August 2020
Procedural Posture
Civil Appeal / Appellate Judgment on Appeal From High Court
Outcome
High Court judgment set aside; case remitted for rehearing in the High Court.
Legal Topics
Sexual Assault, Consent, Teacher Student Relationships, Appellate Review, Statute of Limitations, Expert Evidence
Tort Law Education Law Civil Procedure Sexual Assault Consent Teacher Student Relationships Appellate Review Statute of Limitations +1 more

Case Brief

Summary, issues, holding and outcome

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Parties

Ms McDonald

Plaintiff

Fr Conroy

Defendant

The School

Defendant

Procedural Posture

Civil Appeal / Appellate Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the High Court judge erred in failing to address key evidence and submissions, particularly regarding consent and psychiatric evidence
  2. 2 Whether the plaintiff had legal capacity to consent to sexual acts with a teacher at age 17
  3. 3 Whether the relationship between teacher and student vitiates consent as a matter of law or fact

Ratio Decidendi

The High Court judgment was set aside because the trial judge failed to engage with key evidence and submissions, particularly regarding the issue of consent and the psychiatric evidence, and failed to provide adequate reasons for preferring one expert over another or for his findings on consent. The appellate court found these deficiencies to be significant and material errors going to the core validity of the findings, necessitating a rehearing.

Court Disposition

High Court judgment set aside; case remitted for rehearing in the High Court.

Orders

  • The findings of the High Court on assault and abuse are set aside.
  • The proceedings are remitted to the High Court for rehearing.