Hayes v. McDonnell [2011] IEHC 530 (High Court, Hanna J, 15 December 2011)
High Court refuses to dismiss claim arising from alleged institutional abuse between 1949 and 1962.
Application to dismiss claim - alleged inordinate and inexcusable delay - complaints dating to period between 1949 and 1962 - claim arising from alleged physical and psychological abuse - convent school - industrial school - alleged sexual abuse - letter of claim and plenary summons in 1999 - application to statutory redress board withdrawn - notice of intention to proceed 2008 - no consent sought to late delivery of statement of claim - death of relevant witnesses - inherent jurisdiction to dismiss in the interests of justice - Rules of the Superior Courts (Order 27 (Amendment) Rules), 2004 S.I. No. 63 of 2004 - pre-commencement and post-commencement delay - post-traumatic stress disorder - prejudice suffered by defendants - availability of documents - public interest.Quotation from judgment (courtesy of the Courts Service of Ireland):
“I find sufficient material, gleaned from the plaintiff’s evidence, including the plaintiff’s medical reports, to excuse the inordinate delay in relation to the period of time pre-commencement and post-commencement of the proceedings. Given the particular nature of the claim in this case, and the plaintiff’s disillusionment with the Board and subsequent withdrawal of his application from the Board, I find that the delay has been explained and is excused. It is unfortunate that the plaintiff became disillusioned with the Board, but I have no reason to believe, given the exercise in which I am presently engaged, that this disillusionment is anything other than genuine.If I am wrong on my finding that the delay is excusable, in any event I find later that the balance of justice favours the trial of the action proceeding based on an evaluation of any prejudices faced by both parties on the balance of justice test.
”Full Text on Court Services Website>
Key Cases Cited
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Toal v Duignan (No. 1) [1991] ILRM 135
Quinn -v- Faulkner t/a Faulkner's Garage &, Anor [2011] IEHC 103 (Unreported, High Court, Hogan J., 14th March, 2011)
K. v Deignan [2008] IEHC 407, (Unreported, High Court, Dunne J., 2nd December, 2008)
Byrne v Minister for Defence [2005] 1 I.R. 577 (Peart J.)
Rainsford v Limerick Corporation [1995] 2 ILRM 561
Donnellan v. Westport Textiles Limited (In Voluntary Liquidation) &, Ors [2011] IEHC 11 (Unreported, High Court, Hogan J., 18th January, 2011)
Toal v Duignan (No. 2) [1991] ILRM 140
Birkett v James [1977] 2 All E.R. 801
Gilroy v. Flynn [2005] 1 I.L.R.M. 290
McBrearty v North Western Health Board [2010] IESC 27
Hogan v Jones [1994] 1 ILRM 512
Stephens v Paul Flynn Ltd. [2008] 4 IR 31
Primor plc v. Stokes Kennedy Crowley [1996] 2 I.R. 459
O’Domhnaill v Merrick [1984] IR 151,
Calvart v. Stollznow [1982] N.S.W.L.R. 749
Desmond v MGN Limited [2009] 1 IR 737
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