O'Driscoll -v- Hurley and Health Service Executive [2016] IESC 32 (14 June 2016)

O'Driscoll -v- Hurley and Health Service Executive [2016] IESC 32 (14 June 2016)

A reasonable and fair-minded observer, in possession of all relevant facts, would not apprehend a risk of bias from Ms. Justice Irvine's participation in and chairing of a legal conference hosted by the defendants' solicitors, as the event was attended by stakeholders from both sides and concerned general legal reform. The use of her photograph on the solicitors' website did not alter this conclusion. There was no objective basis for recusal.

Citation
[2016] IESC 32
Parties
Plaintiff/appellant: Michael O'Driscoll, a minor (suing by his mother and next friend Breda O'Driscoll); Defendant/respondent: Michael Hurley; Defendant/respondent: Health Service Executive
Jurisdiction
Ireland
Judgment Date
14 June 2016
Procedural Posture
Civil Appeal / Supreme Court Appeal From Court of Appeal, Issue of Judicial Recusal for Objective Bias
Outcome
Appeal dismissed
Legal Topics
Objective Bias, Recusal of Judges, Perceived Judicial Impartiality, Medical Negligence Damages, Judicial Participation in Legal Education
Judicial Conduct Medical Negligence Civil Procedure Objective Bias Recusal of Judges Perceived Judicial Impartiality Medical Negligence Damages Judicial Participation in Legal Education

Case Brief

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Parties

Michael O'Driscoll, a minor (suing by his mother and next friend Breda O'Driscoll)

Plaintiff/appellant

Michael Hurley

Defendant/respondent

Health Service Executive

Defendant/respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Court of Appeal, Issue of Judicial Recusal for Objective Bias

Legal Issues

  1. 1 Whether Ms. Justice Irvine should have recused herself from hearing the appeal in the Court of Appeal on grounds of objective bias due to her participation in a conference hosted by the defendants' solicitors.

Ratio Decidendi

A reasonable and fair-minded observer, in possession of all relevant facts, would not apprehend a risk of bias from Ms. Justice Irvine's participation in and chairing of a legal conference hosted by the defendants' solicitors, as the event was attended by stakeholders from both sides and concerned general legal reform. The use of her photograph on the solicitors' website did not alter this conclusion. There was no objective basis for recusal.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.