Meehan -v- BKNS Curtain Walling Systems Ltd & Ors [2012] IEHC 441 (26 October 2012)

Meehan -v- BKNS Curtain Walling Systems Ltd & Ors [2012] IEHC 441 (26 October 2012)

The plaintiff knowingly gave false and misleading evidence in a material respect regarding his post-accident work and income, and his original account of the accident was knowingly false. Section 26 of the Civil Liability and Courts Act 2004 is mandatory and requires dismissal of the entire action. There is no basis for applying the injustice exemption as the falsehoods were material and not trivial.

Citation
[2012] IEHC 441
Parties
Plaintiff: Sean Meehan; First Defendant: BKNS Curtain Walling Systems Limited; Second Defendant: Michael McNamara and Company
Jurisdiction
Ireland
Judgment Date
26 October 2012
Procedural Posture
Personal Injuries Action / High Court Judgment After Full Trial
Outcome
Claim dismissed under s.26 Civil Liability and Courts Act 2004 for knowingly giving false or misleading evidence.
Legal Topics
Employer's Liability, Contributory Negligence, False or Misleading Evidence, Section 26 Civil Liability and Courts Act 2004, Safe System of Work, Dismissal of Claim for Fraud
Tort Law Personal Injury Employment Law Employer's Liability Contributory Negligence False or Misleading Evidence Section 26 Civil Liability and Courts Act 2004 Safe System of Work +1 more

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Parties

Sean Meehan

Plaintiff

BKNS Curtain Walling Systems Limited

First Defendant

Michael McNamara and Company

Second Defendant

Procedural Posture

Personal Injuries Action / High Court Judgment After Full Trial

Legal Issues

  1. 1 Whether the defendants were liable for the plaintiff's workplace accident and injuries
  2. 2 Whether the plaintiff knowingly gave false or misleading evidence in a material respect under s.26 of the Civil Liability and Courts Act 2004
  3. 3 Whether the action should be dismissed for fraud or misleading evidence

Ratio Decidendi

The plaintiff knowingly gave false and misleading evidence in a material respect regarding his post-accident work and income, and his original account of the accident was knowingly false. Section 26 of the Civil Liability and Courts Act 2004 is mandatory and requires dismissal of the entire action. There is no basis for applying the injustice exemption as the falsehoods were material and not trivial.

Court Disposition

Claim dismissed under s.26 Civil Liability and Courts Act 2004 for knowingly giving false or misleading evidence.

Orders

  • Plaintiff's action dismissed in its entirety.