The High Court has refused to dismiss a civil action brought by Karl Mullen against former scout leader Tim O’Brien over alleged sexual abuse dating from the 1980s.
Mullen, who was born in 1969, alleges that O’Brien sexually abused him between 1982 and 1985 while he was involved in scouting. O’Brien denies the allegations. Scouting Ireland Services is also a defendant to the proceedings, facing separate claims of negligence and breach of duty.
The case began in February 2018. O’Brien asked the High Court to strike it out because of delay and, alternatively, sought a preliminary trial on whether the claim was barred by the Statute of Limitations.
Mr Justice Barry O’Donnell separated two different periods of delay.
On delay after the proceedings began, the court found that Mullen had progressed the case reasonably promptly until 2020. However, little was done between April 2021 and October 2023. That delay was both inordinate and inexcusable.
Even so, the judge held that dismissal was not justified. O’Brien argued that the passage of time had affected his ability to defend himself, particularly because his wife, whom he said could have addressed several factual issues, died in June 2021. The court accepted that this created a disadvantage but found that O’Brien had not demonstrated prejudice sufficient to outweigh the strong preference for determining claims at a full trial.
The court treated the earlier delay before proceedings were issued differently. Mullen says psychological injuries allegedly caused by the abuse prevented him from bringing proceedings until April 2017. Applying recent Court of Appeal authority, the High Court held that this asserted disability had to be taken at its height for the present application. The question can be reconsidered at trial.
The court also refused to order a separate preliminary trial on the limitation issue. O’Brien was directed to answer outstanding particulars, and the case will return for directions so it can proceed toward a full trial.