P. McD. v Governor X Prison (Approved) [2020] IECA 189 (14 July 2020)

P. McD. v Governor X Prison (Approved) [2020] IECA 189 (14 July 2020)

No actionable duty of care arises from breach of the Irish Prison Service Prisoner Complaints Policy Document, which is non-statutory and aspirational; damages for negligence cannot be awarded absent a justiciable duty and actual damage; declaratory relief is not appropriate where no breach of justiciable right is established.

Citation
[2020] IECA 189
Parties
Plaintiff/respondent: P. McD; Defendant/appellant: Governor of X Prison
Jurisdiction
Ireland
Judgment Date
14 July 2020
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Negligence, Duty of Care, Prisoner Complaints, Personal Injuries, Declaratory Relief
Tort Law Public Law Prison Law Negligence Duty of Care Prisoner Complaints Personal Injuries Declaratory Relief

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Parties

P. McD

Plaintiff/respondent

Governor of X Prison

Defendant/appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether breach of internal prison complaints policy is actionable in negligence
  2. 2 Whether damages can be awarded for failure to comply with non-statutory policy
  3. 3 Whether declaratory relief is appropriate absent breach of justiciable right

Ratio Decidendi

No actionable duty of care arises from breach of the Irish Prison Service Prisoner Complaints Policy Document, which is non-statutory and aspirational; damages for negligence cannot be awarded absent a justiciable duty and actual damage; declaratory relief is not appropriate where no breach of justiciable right is established.

Court Disposition

appeal allowed

Orders

  • award of damages and costs set aside
  • declaratory relief set aside