Keane v Central Statistics Office (Approved) [2024] IEHC 20 (16 January 2024)

Keane v Central Statistics Office (Approved) [2024] IEHC 20 (16 January 2024)

The only damages pleaded by the plaintiff are stress, anxiety, and exacerbation of arthritis, which are impairments of physical or mental condition and thus constitute 'personal injuries' under the Act. As no PIAB authorisation was obtained, the claim cannot proceed.

Citation
[2024] IEHC 20
Parties
Appellant / Plaintiff: Siobhan Keane; Respondent / Defendant: Central Statistics Office
Jurisdiction
Ireland
Judgment Date
16 January 2024
Procedural Posture
Civil Appeal / Appeal From Circuit Court Preliminary Ruling
Outcome
preliminary objection upheld; claim for personal injuries cannot proceed
Legal Topics
Personal Injuries, PIAB Authorisation, Data Breach, Duty of Care, Statutory Interpretation
Tort Law Data Protection Employment Law Personal Injuries PIAB Authorisation Data Breach Duty of Care Statutory Interpretation

Case Brief

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Parties

Siobhan Keane

Appellant / Plaintiff

Central Statistics Office

Respondent / Defendant

Procedural Posture

Civil Appeal / Appeal From Circuit Court Preliminary Ruling

Legal Issues

  1. 1 Whether the plaintiff's claim requires PIAB authorisation under the Personal Injuries Assessment Board Act 2003
  2. 2 Whether the damages claimed constitute 'personal injuries' under the Act
  3. 3 Whether exceptions under section 4(1) of the Act of 2003 apply

Ratio Decidendi

The only damages pleaded by the plaintiff are stress, anxiety, and exacerbation of arthritis, which are impairments of physical or mental condition and thus constitute 'personal injuries' under the Act. As no PIAB authorisation was obtained, the claim cannot proceed.

Court Disposition

preliminary objection upheld; claim for personal injuries cannot proceed

Orders

  • Matter listed for final hearing to address formulation of final orders including costs
  • Parties invited to agree terms of final orders before 1 February 2024