The Court of Appeal has refused Catherine Sheehan’s appeals against the dismissal of her personal injuries proceedings and the High Court’s refusal to set that decision aside. It affirmed the High Court order dismissing the case because of inordinate and inexcusable delay.
Sheehan, an employee of Cork County Council, issued proceedings in 2010. She alleged that a disciplinary investigation conducted by the council between 2006 and 2008 caused her significant emotional suffering and personal injury. Those allegations were not tried: the High Court dismissed the proceedings on delay grounds in February 2023.
The High Court found the case had been ready for trial by October 2013, but Sheehan did not bring it on for hearing. She had accepted that the delay was inordinate and inexcusable, and the Court of Appeal said she offered no explanation for failing to progress the case after October 2013. The High Court also found that the delay compromised the trial court’s ability to assess evidence about events from 2006 to 2008, as witnesses’ memories would have faded. A key council witness was retired and in poor health.
Sheehan argued that the January 2023 hearing was unfair because she had not received documents and legal materials in advance, could not respond to the council’s account, and the judge had not seen exhibits to her affidavit. The Court of Appeal found no evidence that the council had submitted documents to the court that had not previously been provided to her. It said the council had not prepared written submissions or a booklet of authorities; copies of the cases relied on orally were given to Sheehan at the hearing, where she had an opportunity to respond. The exhibits to her affidavit were also before the judge.
Sheehan had separately asked the High Court to reopen its dismissal decision. The Court of Appeal upheld the refusal, finding she had not established a fundamental denial of justice or other grounds meeting the exceptional threshold for reopening a judgment. It also rejected her argument that the same judge could not review his own decision, noting that she had asked him to do so.
The Court of Appeal concluded that the High Court had correctly exercised its discretion to dismiss the proceedings. It refused the appeal and affirmed the High Court order. The judgment was delivered on 22 January 2024 by Ms Justice Costello, with Mr Justice Allen and Mr Justice O’Moore agreeing.