The High Court has approved a €350,000 settlement of a personal injuries action brought by a man who alleged he was sexually abused as a child at a secondary school. The settlement was offered by the school’s operator, The Sacred Heart Missionary Education Trust, without an admission of liability by either defendant.
In a judgment delivered on 16 September 2022, Mr Justice Garrett Simons directed that the settlement sum be paid to the Financial Services Manager of Plymouth County Council, acting as deputy appointed by the Court of Protection of England and Wales. The proposed settlement also provided for the plaintiff’s legal costs to be paid by the Trust, with the amount to be adjudicated if the parties could not agree. The costs order does not cover an application for wardship.
The plaintiff, identified in the judgment as M.K., had brought the proceedings through his sister as next friend. The pleaded claim alleged that a priest who taught at the school abused him during 1974 and 1975. The defendants contested the claim, pleading that it was out of time and that the Trust was not vicariously liable. They also relied on two earlier sexual assaults by people unconnected with the school in their arguments about damages and the effect of the Civil Liability Act.
The judge said the claim faced a strong likelihood of dismissal at trial. He considered it appeared to be statute-barred and that there would be significant difficulties proving the alleged abuse, including because the plaintiff was not competent to give sworn evidence and his illness could affect his recollection. The court said the €350,000 offer was close to the notional full value of the claim in general damages, while a trial could result in dismissal and costs against the next friend.
The court separately considered whether the proceedings and settlement could conflict with the English Court of Protection’s orders. It found that the plaintiff lacked capacity to make an informed decision about compromising the action, and that the sister could continue as next friend for the litigation. The judge concluded that payment to the English deputy would avoid unnecessary wardship proceedings in Ireland and the risk of conflicting orders.
The court made a reporting restriction under section 27 of the Civil Law (Miscellaneous Provisions) Act 2008. It prohibits publication of material likely to identify the plaintiff and also bars disclosure of the first defendant’s identity, which could indirectly identify the plaintiff. The judgment said the second defendant could be named. The proceedings were listed remotely for final orders on 10 October 2022.