C, A Ward of Court

• Jurisdiction: Ireland
• Judge: the President
• Judgment Date: 14 March 2018
• Neutral Citation: [2018] IECA 65
• Date: 14 March 2018
• Court: Court of Appeal (Ireland)
• Docket Number: Neutral Citation Number: [2018] IECA 65 [2017 No.140] [2017 No. 232] [2017 No. 252]

[2018] IECA 65

THE COURT OF APPEAL

Ryan P.

The President

Birmingham J.

Whelan J.

Neutral Citation Number: [2018] IECA 65

[2017 No.140]

[2017 No. 232]

[2017 No. 252]

IN THE MATTER OF

A.C.

A WARD OF COURT WOC 8900

Injunction – Arrest – Costs – Appellant seeking to appeal against High Court orders – Whether there was any basis for the appeals

Facts: The appellant brought an application in the High Court for an inquiry under Article 40 of the Constitution, alleging that his mother was being unlawfully detained by the HSE in hospital in the south of Ireland. On conducting the constitutional inquiry the judge held that his mother was not being detained unlawfully. Kelly P, on 19th August 2016, made an order admitting her into Wardship. In January 2017, the General Solicitor became concerned about material that the appellant put up on social media concerning his mother, including a video recording of her and of treating personnel. It was alleged that this conduct by the appellant represented an invasion of the privacy of his mother and of the persons treating and caring for her; her dignity was also interfered with. The High Court enjoined the publication of the material. When it was not taken down, proceedings for attachment and committal were brought. The High Court made orders in that regard and the appellant was brought before the court to answer the contempt allegation. He undertook to comply with the court orders and to remove the material from the Internet and proceeded to do so. The court, in those circumstances, did not order the imprisonment of the appellant, but Kelly P warned him as to the serious consequences that would follow any repetition. The court also awarded costs against him. The three appeals that were the subject of this Court of Appeal judgment were the order granting the injunction (dated 20th March 2017); the order of attachment directed to the Gardaí to arrest the appellant and bring him before the court (dated 25th April 2017) and the order holding him in contempt and awarding costs against him (dated 3rd May 2017).

Held by Ryan P that there was nothing in these appeals to give any ground for setting aside those orders.

Ryan P held that the appeals should be dismissed.

Appeal dismissed.

JUDGMENT of the President delivered on 14th March 2018

Introduction

1 This judgment of the court deals with three appeals that were heard on 27th November 2017, at a time when the court, at the conclusion of the hearing, made another direction that is relevant. The appellant here is Mr. C and the matter giving rise to all the disputes is his concern for the manner in which his mother is being treated in hospital or nursing home in the south of Ireland by doctors and nurses and care personnel employed by the HSE.

2 The three motions with which the court is immediately concerned in this judgment arose out of the publication by Mr. C of video and other material on social media which concerned, pictured, and described his mother's treatment.

History

3 The matter began in July 2016 when Mr. C brought an application in the High Court for an inquiry under Article 40 of the Constitution, alleging that his mother, who is now very elderly, was being unlawfully detained by the HSE in hospital in the south of Ireland. The court directed an inquiry, and on application of the hospital made shortly thereafter, dispensed with the attendance of Mr. C's mother on the ground of her infirmity. The original application was heard by Kelly P. and on conducting the constitutional inquiry the judge held that Ms. C was not being detained unlawfully, as claimed by her son. In light of the evidence...