UNA RUFFLEY -v- THE BOARD OF MANAGEMENT OF ST. ANNE’S SCHOOL

SUPREME COURT RECORD NUMBER 2016/24

“There is furthermore the conclusion upon which all judges who have heard this matter are agreed, that the disciplinary procedures followed by the school were inadequate and impermissible, and could and would have been declared invalid in proceedings brought for that purpose.  The entire process including the seven years of litigation have been extremely stressful to the plaintiff who it seems likely is particularly vulnerable to such stresses.  While in my view the matters alleged here do not give rise to a successful claim for bullying, I readily acknowledge that the degree of judicial disagreement demonstrates that this is by no means clear-cut.  In those circumstances, it may be necessary to hear argument as to any consequential orders but I should indicate a provisional view that I would be very slow to order the plaintiff to repay to the defendant the sum of money paid as a condition of obtaining the partial stay, or pay costs.  It may indeed be necessary to reflect the fact that the plaintiff would have been justified in coming to Court to have it determined that the procedures applied to her were flawed.  It would be desirable that the parties could reach their own agreement on these matters but in the event that there is no such agreement, I would be prepared to hear argument and make a final decision in that regard.”

Judgement of Justice Peter Charleton 26th May 2017

Judgement of Justice O’Donnell 26th May 2017

UNA RUFFLEY -V- BOARD OF MANAGEMENT OF ST ANNES SCHOOL

HIGH COURT RECORD NUMBER 2001/3819P

This was a significant judgement of O’Neill J. in the High Court delivered on the 9th day of May 2014. Legal proceedings had been commenced by Burns Nowlan on behalf of the Plaintiff Una Ruffley. O’Neill J. gave detailed consideration to the case law on bullying and harassment and also the issues to be taken into account by a Court in assessing such a claim. In this particular case O’Neill J. found in favour of the Plaintiff and awarded her the sum of €255,276.00 compensation.

Judgement re Ruffley

FELIX MOOREHOUSE -V- GOVERNOR OF WHEATFIELD PRISON & ORS.

SUPREME COURT Record number 2014/128

This case was an appeal to the Supreme Court filed by Burns Nowlan Solicitors on behalf of Felix Moorehouse, the Plaintiff/Applicant. The appeal related to a previous application to the High Court to permit amendments to the Plaintiffs Personal Injury Summons. The case came before the Supreme Court and was concerned with the extent to which the provisions of the Civil Liability and Courts Act 2004 taken together with the Rules of Court (SI248/2005) had the effect of abridging the rights of parties in personal injuries actions to amend their Pleadings prior to Hearing. In a significant Judgement for the Plaintiff , and indeed other litigants, the Supreme Court allowed the appeal in favour of the Plaintiff and set aside the Order of the High Court.

Supreme Court Judgement Moorehouse

FELIX MOOREHOUSE -V- GOVERNOR OF WHEATFIELD PRISON & ORS.

HIGH COURT Rec. No. 2015/5534P

The Ruling given by Barton J. on the 2nd of December 2015 related to an application made by Patrick Keane S.C. Counsel on behalf of Felix Moorehouse on issues relating to the discovery of documents made by the Defendants. Barton J. discussed in detail the requirements on a party making discovery where privilege is claimed over certain documents. The ruling is of particular significance and importance to Plaintiffs.

High Court Judgement Moorehouse

JAMES HOLOHAN -V- FRIENDS FIRST LIFE ASSURANCE COMPANY LIMITED

HIGH COURT RECORD 2012/607P

These proceedings were issued by Burns Nowlan on behalf of the Plaintiff where a declaration was sought that Friends First was in breach of a Contract of Insurance. The case was significant in that the Court dealt with the medical testing conducted and required by Friends First and the results thereof. The Court in this case granted the Plaintiff specific performance of the Contract of Insurance in respect of future payments of the benefits which accrued under the insurance policy.