N v Sisters Of Nazareth & Ors [2019] NIQB 2 (11 January 2019)

N v Sisters Of Nazareth & Ors [2019] NIQB 2 (11 January 2019)

The court determined that the issues of abuse of process and limitation are too intertwined to be separated for preliminary determination, and that the risks and burdens of a split trial outweigh potential benefits. The appeal was allowed and the case will proceed to an un-split trial.

Citation
[2019] NIQB 2
Parties
Plaintiff/appellant: N; First Defendant/respondent: The Superior General of the Sisters of Nazareth; Second Defendant: The Bishop of Diocese of Down and Connor; Third Defendant: Father Sean Cahill
Jurisdiction
Northern Ireland
Judgment Date
11 January 2019
Procedural Posture
Appeal / Appeal Against Master's Order Regarding Preliminary Issues
Outcome
Appeal allowed; Master's Order vacated.
Legal Topics
Abuse of Process, Limitation, Split Trials, Negligence, Trespass to the Person, Assault and Battery
Civil Procedure Personal Injury Historical Sexual Abuse Abuse of Process Limitation Split Trials Negligence Trespass to the Person +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

N

Plaintiff/appellant

The Superior General of the Sisters of Nazareth

First Defendant/respondent

The Bishop of Diocese of Down and Connor

Second Defendant

Father Sean Cahill

Third Defendant

Procedural Posture

Appeal / Appeal Against Master's Order Regarding Preliminary Issues

Legal Issues

  1. 1 Whether preliminary issues of abuse of process and limitation should be tried before the substantive trial
  2. 2 Whether issuing a second writ constitutes abuse of process
  3. 3 Whether a split trial is just and convenient in historical abuse cases

Ratio Decidendi

The court determined that the issues of abuse of process and limitation are too intertwined to be separated for preliminary determination, and that the risks and burdens of a split trial outweigh potential benefits. The appeal was allowed and the case will proceed to an un-split trial.

Court Disposition

Appeal allowed; Master's Order vacated.

Orders

  • The plaintiff's appeal is allowed.
  • The Master's Order for preliminary issues is vacated.