Shatter -v- Guerin [2017] IECA 48 (02 March 2017)

Shatter -v- Guerin [2017] IECA 48 (02 March 2017)

The court found that the conclusions in Mr. Guerin’s report critical of Mr. Shatter were reached in breach of fair procedures and constitutional and natural justice. However, as Mr. Guerin is functus officio and does not control the report, the court cannot make the further orders sought against him. The State is constitutionally obliged to vindicate Mr. Shatter’s good name, and the mode of achieving this is a matter for negotiation between Mr. Shatter and the State.

Citation
[2017] IECA 48
Parties
Applicant/appellant: Alan Shatter; Respondent: Sean Guerin
Jurisdiction
Ireland
Judgment Date
02 March 2017
Procedural Posture
Appeal / Judgment on Relief After Appeal
Outcome
Partial relief granted
Legal Topics
Fair Procedures, Natural Justice, Vindication of Good Name, Judicial Review, Functus Officio
Constitutional Law Administrative Law Fair Procedures Natural Justice Vindication of Good Name Judicial Review Functus Officio

Case Brief

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Parties

Alan Shatter

Applicant/appellant

Sean Guerin

Respondent

Procedural Posture

Appeal / Judgment on Relief After Appeal

Legal Issues

  1. 1 Whether the conclusions in Mr. Guerin’s report were reached in breach of fair procedures and constitutional and natural justice
  2. 2 Whether the court should order amendment or redaction of the report
  3. 3 Whether orders can be made against Mr. Guerin who is functus officio

Ratio Decidendi

The court found that the conclusions in Mr. Guerin’s report critical of Mr. Shatter were reached in breach of fair procedures and constitutional and natural justice. However, as Mr. Guerin is functus officio and does not control the report, the court cannot make the further orders sought against him. The State is constitutionally obliged to vindicate Mr. Shatter’s good name, and the mode of achieving this is a matter for negotiation between Mr. Shatter and the State.

Court Disposition

Partial relief granted

Orders

  • Declaration that the conclusions in Mr. Guerin’s report critical of Mr. Shatter were reached in breach of fair procedures and constitutional and natural justice
  • Order for costs in the High Court and on appeal in favour of Mr. Shatter