Wallace -v- Creevey & ors [2016] IEHC 294 (01 June 2016)

Wallace -v- Creevey & ors [2016] IEHC 294 (01 June 2016)

The plaintiff's claim against the State defendants is manifestly statute barred as the limitation period expired long before proceedings were issued, and neither psychological disability nor a change in law postpones the limitation period. The claim is also bound to fail as a matter of law, as no cause of action arises under the ECHR or the 2003 Act for events predating its commencement, and claims in negligence or vicarious liability against the State defendants are unsustainable under existing Irish law.

Citation
[2016] IEHC 294
Parties
Plaintiff: Timothy Wallace; Defendant: Gary Creevey; Defendant: John Kevin Mullan; Defendant: The Board of Management North Monastery Primary School; Defendant: Edmund Rice Schools Trust Limited; Defendant: John Buckley; Defendant: The Minister for Education; Defendant: Ireland; Defendant: The Attorney General
Jurisdiction
Ireland
Judgment Date
01 June 2016
Procedural Posture
Personal Injuries Claim (sexual Abuse, Negligence, Breach of Duty) / Application by State Defendants to Set Aside Joinder and Strike Out Claim as Statute Barred And/or Disclosing No Reasonable Cause of Action
Outcome
Order joining the State defendants set aside; plaintiff's claim against the State defendants struck out.
Legal Topics
Statute of Limitations, Sexual Abuse, Vicarious Liability, Negligence, European Convention on Human Rights, Retrospectivity of Legislation, Procedural Law
Tort Law Education Law Human Rights Law Limitation of Actions Statute of Limitations Sexual Abuse Vicarious Liability Negligence +3 more

Case Brief

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Parties

Timothy Wallace

Plaintiff

Gary Creevey

Defendant

John Kevin Mullan

Defendant

The Board of Management North Monastery Primary School

Defendant

Edmund Rice Schools Trust Limited

Defendant

John Buckley

Defendant

The Minister for Education

Defendant

Ireland

Defendant

The Attorney General

Defendant

Procedural Posture

Personal Injuries Claim (sexual Abuse, Negligence, Breach of Duty) / Application by State Defendants to Set Aside Joinder and Strike Out Claim as Statute Barred And/or Disclosing No Reasonable Cause of Action

Legal Issues

  1. 1 Whether the plaintiff's claim against the State defendants is statute barred
  2. 2 Whether the plaintiff's claim discloses a reasonable cause of action against the State defendants
  3. 3 Whether a change in law (ECtHR decision in O'Keeffe v Ireland) can postpone the limitation period under the Statute of Limitations

Ratio Decidendi

The plaintiff's claim against the State defendants is manifestly statute barred as the limitation period expired long before proceedings were issued, and neither psychological disability nor a change in law postpones the limitation period. The claim is also bound to fail as a matter of law, as no cause of action arises under the ECHR or the 2003 Act for events predating its commencement, and claims in negligence or vicarious liability against the State defendants are unsustainable under existing Irish law.

Court Disposition

Order joining the State defendants set aside; plaintiff's claim against the State defendants struck out.

Orders

  • Order of the Master of 20 January 2015 joining the State defendants is set aside.
  • Plaintiff's claim as against the State defendants is struck out.