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.”