P.M. -v- D.C. & anor [2013] IEHC 425 (31 May 2013)

P.M. -v- D.C. & anor [2013] IEHC 425 (31 May 2013)

The existence of an unchallenged adoption order does not operate as an issue estoppel or bar to a plaintiff's claim for damages based on alleged lack of consent. The plaintiff is not required as a matter of law or logic to challenge the adoption order's validity in order to pursue a tort claim for damages. Section 50(1) of the Adoption Act 2010 reinforces this position.

Citation
[2013] IEHC 425
Parties
Plaintiff: P. M.; First Defendant: D. C.; Second Defendant: Health Service Executive
Jurisdiction
Ireland
Judgment Date
31 May 2013
Procedural Posture
Personal Injuries/tort Claim (preliminary Issue) / Preliminary Application to Dismiss or Require Joinder
Outcome
applications by defendants refused; case to proceed to hearing
Legal Topics
Adoption Order Validity, Consent to Adoption, Damages for Wrongful Adoption, Issue Estoppel, Joinder of Parties
Tort Law Adoption Law Constitutional Law Adoption Order Validity Consent to Adoption Damages for Wrongful Adoption Issue Estoppel Joinder of Parties

Case Brief

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Parties

P. M.

Plaintiff

D. C.

First Defendant

Health Service Executive

Second Defendant

Procedural Posture

Personal Injuries/tort Claim (preliminary Issue) / Preliminary Application to Dismiss or Require Joinder

Legal Issues

  1. 1 Whether a plaintiff can claim damages for alleged wrongful adoption without challenging the validity of the adoption order
  2. 2 Whether the existence of an unchallenged adoption order bars a tort claim based on lack of consent
  3. 3 Whether additional parties (Adoption Authority, adopted child, adoptive parents) must be joined

Ratio Decidendi

The existence of an unchallenged adoption order does not operate as an issue estoppel or bar to a plaintiff's claim for damages based on alleged lack of consent. The plaintiff is not required as a matter of law or logic to challenge the adoption order's validity in order to pursue a tort claim for damages. Section 50(1) of the Adoption Act 2010 reinforces this position.

Court Disposition

applications by defendants refused; case to proceed to hearing

Orders

  • Applications to dismiss or require joinder refused
  • Date to be fixed for hearing of plaintiff’s action