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Supreme Court allows appeal from the Court of Appeal, and set aside determination by preliminary issue that three related actions arising from abuse by a member of the Catholic clergy were precluded by settlements concluded in 1998 and 1999, on the grounds that: (a) in the instant case, the nature of the evidence was such that it was not appropriate for such a matter to be determined by preliminary issue; and (b) the actions should be remitted to the High Court for full hearing.
O'Donnell J (nem diss): Claims of sexual assault by member of the clergy - claims settled in 1998 and 1999 in Northern Ireland - new information concerning assailant revealed in 2012 - knowledge of senior clergy in 1975 of allegation that assailant had abused boy - failure to report to civil authorities - further claims arising from discovery that abuse might have been prevented or stopped - whether abuse of process to bring claims when earlier claims had been settled - whether the plaintiff’s claim had been the subject of a prior accord and satisfaction - trial on preliminary issue - evidence adduced by defendants that "new information" had been reported in media in 1995 and 1997 - claims dismissed in High Court on preliminary ruling - dismissal of appeal in Court of Appeal - whether preliminary issue should have been determined without oral evidence - case pending against other defendant - different defendants in instant proceedings than in earlier Northern Irish proceedings.
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