Latest news with #civilaction
Irish Times
11-08-2025
- Irish Times
Man fails to halt sister's damages claim against him over alleged rape and sexual abuse
A man has failed to prevent his sister bringing a civil action for damages over his alleged rape and sexual assault of her when she was between 11 and 13 years old. The woman alleges that assaults of her on some 120 occasions by her older brother more than 40 years ago stopped after her mother caught him abusing her in her bed. He was put out of their home for a time but, after her father pleaded for his return, he was allowed back and her mother would lock her into her bedroom when her brother was in the house, she claims. The woman also claimed she was sexually abused by two other men, one of whom has died. READ MORE After gardaí investigating complaints made by another person against the third man approached the woman, she made a formal complaint against that man in 2019 and he has been convicted. As a result of the alleged sexual abuse of her, the woman said she had started to abuse alcohol and other substances and her mental health deteriorated. In 2023, she initiated civil proceedings seeking damages for assault, including sexual assault, against her brother. In a pretrial application to the High Court, the man, who denies assaulting his sister, asked the court to strike out the case. He claimed delay of more than 40 years between the alleged assaults and the initiation of the civil action created a real risk of an unfair trial. Their parents and other family members who were potentially important witnesses had died and he did not have access to work and other records, he said. On behalf of the woman, it was argued there was no culpable delay. A consultant psychiatrist reported he was satisfied that, due to trauma as a result of sexual assaults suffered, she was impaired in her ability to make any formal complaint until 2019. In his recently published judgment, the High Court 's Mr Justice Anthony Barr noted the woman's side relied on a Court of Appeal decision earlier this year which appeared to mark 'a radical addition' to the principles applicable to cases such as this. Based on that decision, he said the present law appears to be that when a plaintiff can provide medical evidence that alleged sexual abuse impaired them formally complaining until a particular date, the period between the date of the alleged abuse and the first formal reporting of it will not be reckonable in any application to prevent a trial on lapse-of-time grounds. Because the woman alleged she was seriously sexually assaulted by three separate individuals in close temporal proximity, he could not find such impairment that she was under in making her complaint against her brother was due to his alleged wrongdoing alone. He therefore did not find her brother was responsible for the delay in instituting these proceedings. Equally, as there was medical evidence of impairment on her part, nor was there any culpable delay by her in instituting her proceedings. Having found the delay was not the fault of either side, he considered whether it created a real risk of an unfair trial. In his view, the loss of evidence which might have been given by deceased family members did not seriously prejudice the man's defence. Another family member was available to give evidence which could potentially be 'critical' and the man may seek discovery of his sister's medical records, including her counselling records, he said. Having concluded the man had not shown he could not get a fair hearing at the trial of the action, he dismissed his application to strike it out.
The Sun
01-08-2025
- The Sun
Nikita Hand to SUE Conor McGregor & two former neighbours for damages in new civil action after failed court appeal
NIKITA Hand will sue Conor McGregor and her two former neighbours who the fighter had intended to call as witnesses in his unsuccessful appeal. The hairdresser yesterday filed a new civil action against the former UFC champion as well as Samantha O'Reilly and Steven Cummins. 3 3 It has been reported that she alleged they engaged in "malicious abuse" of the processes of the Court of Appeal. The High Court action was filed yesterday, shortly after the Court of Appeal dismissed McGregor's challenge to the outcome of a civil rape case Ms Hand won against him last year. Ms Hand, 35, successfully sued McGregor in a civil court over an incident in which he was alleged to have "brutally raped and battered" her in the penthouse of the Beacon Hotel in Sandyford. A jury of eight women and four men found him civilly liable for assault in November 2024 and Ms Hand was awarded €248,603.60 in damages. In affidavits filed in support of McGregor's appeal, Ms O'Reilly and Mr Cummins claimed they were former neighbours when she lived in Drimnagh. Ms O'Reilly said she had witnessed a physical row between Ms Hand and her then-partner at about the same time of the incident at the Beacon hotel. McGregor said this would have provided a "plausible explanation" for the bruising on Ms Hand's body, which he claimed he did not cause. Ms Hand denied any altercation with her former partner and the court heard she characterised the claims from Ms O'Reilly and Ms O'Reilly's partner Steven Cummins as 'lies'. Earlier this month, McGregor's legal team dramatically withdrew that ground of appeal, saying it would no longer be relying on the material. Brave Nikita Hand speaks after winning sexual assault civil action against Conor McGregor in November 2024 In its ruling dismissing McGregor's appeal, the Court of Appeal said the application to introduce the neighbours' evidence had been dropped in 'somewhat mysterious' circumstances. It said that no plausible reason had been given for this turn of events. Mr Justice Brian O'Moore said the abandonment of the application could be seen by the court only as an acknowledgment that Ms Hand was correct. AWARDED COSTS He said her lawyers had not been exaggerating when they said this "new evidence" had put Ms Hand through the wringer. Mr Justice O'Moore said it was difficult to see why Ms Hand should have any liability for costs in respect to this aspect of the appeal. She was awarded costs in this matter on a "legal practitioner and own client basis" - the highest possible basis on which a court can award costs. The court also dismissed Mr McGregor's remaining grounds of appeal in their entirety. Yesterday, Ms Hand said the appeal had "retraumatised" her but she told how she could finally "move on" following the verdict. She said: "This appeal has retraumatised me over and over again. Being forced to relive what happened has had a huge impact on me. "To every survivor out there, I know how hard it is but please don't be silenced. You deserve to be heard. You also deserve justice. "Today I can finally move on and try to heal." McGregor would have to seek the permission of the Supreme Court to take a further appeal. 3
Free Malaysia Today
01-06-2025
- General
- Free Malaysia Today
Najib's case showed PM not immune to civil action, says Takiyuddin
Takiyuddin Hassan said the Federal Court's decision in 2019 that the prime minister is a 'public officer' and can be sued for abuse of power set an important precedent. (Bernama pic) PETALING JAYA : Prime Minister Anwar Ibrahim's application to the Federal Court to rule whether he has immunity from a civil suit invites direct comparison with a case concerning former prime minister Najib Razak, says Perikatan Nasional chief whip Takiyuddin Hassan. In a statement today, Takiyuddin pointed out that Najib had sought immunity from a civil suit filed against him by then DAP MP Tony Pua over allegations of abuse of power in the 1MDB controversy. Takiyuddin, a lawyer, noted that the Federal Court had decided on Nov 19, 2019 that the prime minister is a 'public officer' and can be sued for abuse of power. 'This case (involving Najib) set an important precedent that a prime minister is not immune to civil or tort action if it relates to the public abuse of power. 'In other words, no citizen, including the prime minister, should be above the law, and no position can be used as a legal shield against actions taken on a personal basis,' he said. Anwar is asking the High Court to refer eight questions of law to the Federal Court for determination, including whether he has immunity from a civil suit brought against him by a former research assistant. He said he wants the apex court to rule whether Articles 39, 40 and 43 of the Federal Constitution grant him qualified immunity from a suit filed by Yusoff Rawther four years ago. The suit relates to events which allegedly took place prior to Anwar taking office on Nov 24, 2022. In the application filed by Messrs Zain Megat & Murad, Anwar asked the court to decide whether the suit would impair the effective discharge of his executive duties and undermine the constitutional separation of powers.
BreakingNews.ie
23-05-2025
- Automotive
- BreakingNews.ie
Clamping company order to compensate man after his car was damaged during tow
Dublin clampers have been ordered to compensate a motorist for repairs after his car was damaged during towing last year. Oscar Adonis Marchat, of Elton Park, Sandycove, Dublin, won a small claims case against Dublin Street Parking Services Ltd. Advertisement He told Judge Peter White at Dublin District Court that he had to bring the civil action due to his car getting towed away in the city on July 16th last year. Mr Marchat testified that he had no issue with that and paid the fine, and the vehicle was unclamped. However, he told Judge White it showed a "failure signal" and would not start. The judge queried whether an anti-theft device was triggered to immobilise the car. Mr Marchat said that was not the issue, and his garage found that the steering column was damaged, "and that forced the car to shut down". Advertisement Judge White heard Mr Marchat was left with a €553 repair bill, which he referred to the clampers, asking them to pay. He alleged they responded by saying they needed a private investigator and had to appoint someone to interview him and contact his garage to look into his complaint. Ireland Revealed: Cork's illegal parking blackspots with o... Read More But by late summer they had not got in touch about seeing the car. "I tried to follow up multiple times," the motorist said. Finally, he said, the investigator had told him he had come off the case and to deal directly with the parking company again. Mr Marchat got his car fixed at his own expense and provided documentation from his garage, a quote and an explanation for the damage. With no defence entered by Dublin Street Parking Services Ltd and noting the evidence furnished, Judge White accepted that the steering column was damaged during towing and granted Mr Marchat a decree for the full repair amount.
