Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
High Court dismisses proceedings against seeking damages in respect of alleged physical, sexual and emotional abuse suffered by the plaintiff during her time with a religious order some 47 years prior to the institution of the proceedings, on the grounds that: the defendants cannot obtain a fair trial now due to the death of certain witnesses; the difficulty in recollecting the plaintiff on the part of other witnesses; and the plaintiff's own inability now to identify certain of her alleged assailants.
Application to dismiss proceedings seeking damages for sexual and physical abuse on grounds of inordinate and inexcusable delay in commencement and pursuit of proceedings - alternative application dismissing action due to alleged impossibility of defendants obtaining fair trial by reason of lapse of time - chronology of proceedings - substance of claims made - evidence on application - status of defendant's witnesses and other connected persons - state of memory - availability of witnesses - test to be applied on application to dismiss on grounds of delay - balance to be struck - whether defendant prejudiced by delay - real risk of unfair trial - inorindancy of delay accepted - whether it would be unjust to permit trial to proceed - most severe prejudice - 47 years since cessation of alleged abuse and institution of proceedings - lack of recollection of plaintiff by other witnesses - death of some witnesses - inability of plaintiff to identity certain alleged perpetrators - no culpable defendant delay - not a case based on 'systems' as opposed to individual assailants' actions - action dismissed
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only subject matter index for all Irish judgments over the past thirteen years. Click here to request a subscription.
Register Now