Can a defendant reasonably be expected to defend proceedings
which relate to an event that occurred over thirty years ago and
where many of the potential witnesses have since died? In a recent
case, Cassidy v The Provincialate, the High
Court thought there would be no real or serious risk of an unfair
trial in such circumstances. The Court of Appeal, however, took a
different view.
THE FACTS
The plaintiff claimed damages against the Religious Sisters of
Charity for abuse she allegedly suffered between 1977 and 1980 at
the hands of a man she claimed was employed by the Sisters. The
alleged abuse was first reported to An Garda Síochána
in December 2011 and the proceedings were instituted in May 2012.
The Sisters sought to have the proceedings dismissed on the ground
that their ability to defend the claim had been severely
prejudiced. They were unable to find any record of ever having
employed the alleged abuser and it seemed likely he was dead.
Further, a number of
