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 |
The High Court considered an application by the intended plaintiff, a minor alleging sexual assault while unsupervised at a creche, seeking orders to preserve and inspect a garden shed, CCTV footage, and incident records prior to the start of personal injuries proceedings. The defendant consented to the preservation of evidence but opposed immediate inspection. The court held that while the evidence should be preserved, the application for inspection was premature as the plaintiff had not yet set out detailed allegations and the issues between the parties had not crystallised. The court therefore adjourned the application for inspection with liberty to re-enter once pleadings have closed, balancing the interests of both parties and ensuring that evidence remained protected. Reporting restrictions were also imposed to protect the plaintiff's anonymity.
personal injuries – minor plaintiff – sexual assault allegation – creche – preservation of evidence – inspection of property – CCTV footage – accident report forms – Order 50 Rule 4 RSC – Personal Injuries Assessment Board Act 2003 – pre-action application – pre-pleadings discovery – reporting restrictions – anonymity – necessary and expedient – relevance – exceptional circumstances – adjournment of application
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 fast reporting service for all Irish judgments over the past ten years. Click here to request a subscription.
Register Now