International Law

Vicarious libaility in the Supreme Court

By Eoin

Law reports from today’s Irish Times:

O?Keeffe v Hickey [2008] IESC 72 Supreme Court, Judgments were delivered on December 19th, 2008 by Fennelly J (Murray CJ and Denham J concurring) and Hardiman J; Geoghegan J dissenting.

Fennelly J Minister not liable for abuse by principal:

There was no employment relationship between school principal Mr Hickey and the second-named defendant, the Minister for Education and Science. On normal principles, the State has no vicarious liability for the acts of a teacher appointed by the manager of a national school, and there is no legal basis for the imposition on the State of vicarious liability in this case.

Hardiman J Minister and State were distanced from management of the school:

… the Minister?s absence of direct control over the first-named defendant prevented a finding against him.

Geoghegan J (dissenting) Exemption from vicarious liability by State is not just and appeal should be allowed:

Applying ?the general modern principles underlying vicarious liability?, he allowed the appeal.

In Short: Conference to mark life of Pat Finucane [html | pdf]; Carney lecture in Maynooth; Book on company insolvency; O?Brien -v- Piab solicitors

Full post as published by Cearta on January 19, 2009 (boomark / email).