Kelly v. Minister for Agriculture, Food and Forestry [2001] IEHC 86 (1st May, 2001)

Kelly v. Minister for Agriculture, Food and Forestry [2001] IEHC 86 (1st May, 2001)

On the facts pleaded, the Defendants owed the Plaintiff a duty of care at common law; there was sufficient proximity and foreseeability of damage, and no compelling public policy exemption. The Statement of Claim discloses a cause of action even though malicious prosecution is not pleaded. Defendants are vicariously...

Source-derived case information.

Citation
[2001] IEHC 86
Parties
Plaintiff: Plaintiff; Defendant: Defendants; Defendant: Minister for Agriculture; Third Party: A.I.B.P. Limited
Jurisdiction
Ireland
Procedural Posture
Civil / Trial of Preliminary Issues
Outcome
Statement of Claim discloses a cause of action; Defendants owed duty of care and are vicariously liable; no finding on European law issues.
Legal Topics
Duty of Care, Vicarious Liability, Breach of Duty, Constitutional Rights, European Law, Malicious Prosecution
Tort Law Constitutional Law Duty of Care Vicarious Liability Breach of Duty Constitutional Rights European Law Malicious Prosecution

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Summary, issues, holding and outcome

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Parties

Plaintiff

Plaintiff

Defendants

Defendant

Minister for Agriculture

Defendant

A.I.B.P. Limited

Third Party

Procedural Posture

Civil / Trial of Preliminary Issues

Legal Issues

  1. 1 Whether the Defendants owed the Plaintiff a duty of care at common law
  2. 2 Whether the Defendants owed the Plaintiff a duty of care by virtue of the Constitution of Ireland
  3. 3 Whether the Defendants breached the alleged duty of care

Ratio Decidendi

On the facts pleaded, the Defendants owed the Plaintiff a duty of care at common law; there was sufficient proximity and foreseeability of damage, and no compelling public policy exemption. The Statement of Claim discloses a cause of action even though malicious prosecution is not pleaded. Defendants are vicariously liable for acts of their officials. No finding is made on European law issues.

Court Disposition

Statement of Claim discloses a cause of action; Defendants owed duty of care and are vicariously liable; no finding on European law issues.

Orders

  • Trial to proceed on substantive issues; no dismissal of Plaintiff's claim.