Court archive
Aodhan O'Faolain The Supreme Court
2015-02-04 · Dublin
The Supreme Court has unanimously dismissed an appeal by the Medical Council, upholding a High Court decision that overturned a finding of Poor Professional Performance (PPP) against Professor Martin Corbally, a distinguished consultant paediatrician. The case originated from a 2012 Fitness to Practise Committee decision where Professor Corbally was admonished for an error in his notes concerning a procedure for a two-year-old patient at Our Lady's Hospital Crumlin. Although he delegated the surgery to another doctor who performed an incorrect tongue-tie procedure instead of the required upper labial frenulum, Professor Corbally subsequently performed corrective surgery, and the child made a full recovery. In November 2013, Mr Justice Kearns in the High Court ruled that the error stemmed from hospital systems failures, specifically a computer menu limitation, rather than individual negligence. The Supreme Court, led by Chief Justice Hardiman, affirmed this view, stating the lapse was not serious and did not cause damage. The court's judgment provides the first judicial interpretation of PPP under the 2007 Medical Practitioners Act, clarifying that such findings require a serious lapse rather than a minor, non-causative error. This decision has significant implications for the regulation of medical professionals in Ireland.
2014-12-18 · Dublin
The Supreme Court has halted a woman's civil action for damages against her deceased paternal grandfather's estate over alleged sexual abuse, unanimously upholding the High Court's decision to stop the proceedings due to delay. The 29-year-old defendant alleged she was abused between the late 1980s and early 1990s. In 2009, Mr Justice Charleton halted the trial, finding that "inexcusable" delay prejudiced the defendant, who had denied the allegations. A key witness, the woman's grandmother, had died, preventing a fair hearing. The court noted that a 2003 complaint to An Garda Síochána was "disgracefully" not followed up after transfer to Dublin. A subsequent finding of negligent handling resulted in a garda officer being fined €150. Mr Justice Charleton stated the woman was "very badly let down" by the Garda. The woman appealed the High Court's decision. In the Supreme Court, Mr Justice Hardiman ruled the claim had "passed beyond the reach of fair litigation" due to the inordinate delay and the deaths of the defendant and the principal defence witness. He described proceeding as a "parody of justice." The Chief Justice and three other judges agreed with the judgment. The matter was adjourned in the sense that the appeal was dismissed, concluding the litigation against the estate.
2014-12-13 · Dublin
The Supreme Court dismissed Adam Busby's appeal against an extradition order to the UK, where he faces terrorism‑related charges. Busby, a 65‑year‑old Irish resident with a Santry Lodge address, is accused of making hoax threats between November 2009 and June 2010, including phone calls to the Scottish Sun and other newspapers, and text messages alleging bombs and poison deliveries. The High Court had ordered his surrender in 2013. The Supreme Court, hearing the appeal on a point of law, ruled that the executing state need not prove it could prosecute the offence on the same basis as the issuing state, citing the European Arrest Warrant system's principle of mutual recognition. The Court granted a short stay of the extradition order, allowing Busby, who has multiple sclerosis and is wheelchair‑bound, to remain on bail until the next High Court hearing. The decision was unanimous by a five‑judge panel led by Chief Justice Susan Denham.