Blehein v. Murphy [2000] IESC 1; [2000] 2 IR 231; [2000] 2 ILRM 481 (17th January, 2000)

Blehein v. Murphy [2000] IESC 1; [2000] 2 IR 231; [2000] 2 ILRM 481 (17th January, 2000)

No exceptional circumstances exist to permit amendment of the notice of appeal to raise a constitutional issue not argued in the High Court; the proper course is to challenge constitutionality in the High Court first.

Citation
[2000] IESC 1
Parties
Plaintiff/appellant: Louis Blehein; Defendants: First two defendants (doctors); Defendant: Third named defendant (wife); Defendants: Fourth, fifth and sixth named defendants (Garda Siochana members)
Jurisdiction
Ireland
Procedural Posture
Appeal / Motion to Amend Notice of Appeal Before Supreme Court
Outcome
application refused
Legal Topics
Leave to Institute Proceedings, Constitutional Challenge, Presumption of Constitutionality, Appellate Procedure
Constitutional Law Mental Health Law Civil Procedure Leave to Institute Proceedings Constitutional Challenge Presumption of Constitutionality Appellate Procedure

Case Brief

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Parties

Louis Blehein

Plaintiff/appellant

First two defendants (doctors)

Defendants

Third named defendant (wife)

Defendant

Fourth, fifth and sixth named defendants (Garda Siochana members)

Defendants

Procedural Posture

Appeal / Motion to Amend Notice of Appeal Before Supreme Court

Legal Issues

  1. 1 Whether section 260 of the Mental Treatment Act, 1945 is unconstitutional
  2. 2 Whether the Supreme Court should permit amendment of the notice of appeal to raise a constitutional issue not argued in the High Court

Ratio Decidendi

No exceptional circumstances exist to permit amendment of the notice of appeal to raise a constitutional issue not argued in the High Court; the proper course is to challenge constitutionality in the High Court first.

Court Disposition

application refused

Orders

  • Plaintiff's motion to amend notice of appeal refused
  • Appeal to proceed on unamended notice of appeal