J.G.H. -v- Residential Institutions Review Committee & anor [2017] IESC 69 (24 October 2017)

J.G.H. -v- Residential Institutions Review Committee & anor [2017] IESC 69 (24 October 2017)

The Supreme Court held that the proper construction of the Residential Institutions Redress Act 2002 allows for compensation in cases where the claimant suffers injuries after ceasing to be resident in a scheduled institution, provided those injuries are a foreseeable consequence of abuse occurring while resident....

Source-derived case information.

Citation
[2017] IESC 69
Parties
Applicant/appellant: J. G. H.; Respondent: Residential Institutions Review Committee; Notice Party: Residential Institutions Redress Board
Jurisdiction
Ireland
Judgment Date
24 October 2017
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From Court of Appeal
Outcome
Appeal allowed
Legal Topics
Redress for Institutional Abuse, Scope of Compensation Under Statutory Scheme, Interpretation of Remedial Legislation
Administrative Law Statutory Interpretation Compensation Law Redress for Institutional Abuse Scope of Compensation Under Statutory Scheme Interpretation of Remedial Legislation

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Summary, issues, holding and outcome

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Parties

J. G. H.

Applicant/appellant

Residential Institutions Review Committee

Respondent

Residential Institutions Redress Board

Notice Party

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Whether injuries suffered by an applicant after transfer from a scheduled institution to a non-scheduled institution, as a foreseeable consequence of abuse in the scheduled institution, are compensatable under the Residential Institutions Redress Act 2002.
  2. 2 Proper approach to the interpretation of remedial legislation such as the 2002 Act.

Ratio Decidendi

The Supreme Court held that the proper construction of the Residential Institutions Redress Act 2002 allows for compensation in cases where the claimant suffers injuries after ceasing to be resident in a scheduled institution, provided those injuries are a foreseeable consequence of abuse occurring while resident. The Court found no clear legislative intent to exclude such consequential injuries and adopted a generous, remedial interpretation of the Act.

Court Disposition

Appeal allowed

Orders

  • Decision of the Court of Appeal set aside.
  • Matter remitted to the Review Committee to determine the appropriate amount of compensation, including for foreseeable injuries suffered in the Nursing Home as a consequence of abuse in the Hospital.