Conway v Ireland

• Jurisdiction: Ireland
• Judge: Mr. Justice Barron
• Judgment Date: 02 November 1988
• Neutral Citation: 1988 WJSC-HC 1964
• Docket Number: 1981/2706p
• Court: High Court
• Date: 02 November 1988

1988 WJSC-HC 1964

THE HIGH COURT

1981/2706p

CONWAY v. IRELAND

FIONA CONWAY

-v-

IRELAND AND OTHERS

Citations:

CROWLEY V IRELAND 1980 IR 102

HAYES V IRELAND 1987 ILRM 651

KENNEDY V IRELAND 1988 ILRM 478, 1987 IR 587

Synopsis:

DAMAGES

Constitution

Personal rights - Infringement - Exemplary damages - Free primary education - Interruption - Teachers” trade dispute - Damage suffered by pupil - The plaintiff was nine years old and a pupil in the third class at Drimoleague National School on 1/4/76 when the teachers stopped teaching in furtherance of a trade dispute - The teachers” trade union issued a circular dated 28/8/76 in which it instructed its members not to enroll in their schools any pupils from the plaintiff's school - The implementation of that instruction was a furtherance of the trade dispute by unlawful means: ~Crowley v. Ireland~ [1980] I.R. 102, ~Hayes v. Ireland~ [1987] ILRM 651 - The plaintiff was unable to continue her education until 14/2/77 when she entered the fourth class - The plaintiff's subsequent school results were good - She passed her intermediate certificate at the age of 14 years with nine honours, and she passed her leaving certificate at the age of 16 years with seven honours - She read Maths and Physics at University College, Cork, and graduated with a pass degree in 1987 - Later she was awarded a Higher Diploma in Education - Nevertheless, the plaintiff's education was impaired by the strike which caused her to enter secondary school insufficiently grounded in English and Irish - The plaintiff claimed damages from the defendant trade union for the infringement of her constitutional right to free primary education - Held, in assessing the plaintiff's damages, that the implementation of the circular constituted a conscious and deliberate infringement of the plaintiff's rights under Article 42, s. 4, of the Constitution and that she was entitled to exemplary damages: ~Kennedy v. Ireland~ (Hamilton P. - 12/1/87) considered - Held that the plaintiff should recover judgment for #1,500 exemplary damages, #7,500 general damages and #2,500 damages for loss of career prospects - Constitution of Ireland, 1937, Articles 40, 42 - (1981/2706 P - Barron J. - 2/11/88) - [1991] 2 I.R. 305

|Conway v. Ireland|

CONSTITUTION

Personal rights

Education - Infringement - Damages - Teachers” strike - Interruption of pupil's primary education - Furtherance of dispute by unlawful means - Deliberate infringement of constitutional right - Exemplary damages -~See~ Damages, constitution - (1981/2706 P - Barron J. - 2/11/86) [1991] 2 I.R. 305

|Conway v. Ireland|

EDUCATION

Interruption

Damages - Constitution - Personal rights - Infringement - Teachers” strike - Pupil's right to free primary education - Furtherance of strike by unlawful means - Exemplary damages - ~See~ Damages, constitution - (1981/2706 P - Barron J. - 2/11/88)

|Conway v. Ireland|

Mr. Justice Barron

1 The background facts to the present action are to be found in the reports ofCrowley .v. Ireland, 1980 I.R. 102, and Hayes .v. Ireland 1987 I.L.R.M. 651.

2 The present Plaintiff was born on the 7th December 1967. She was a pupil at Drimoleague National School and when the teachers” strike commenced on 1st April 1976 was in third class. As a result of the strike, she received no further school education for the rest of that school year. She returned to school at the beginning of the next school year, but since the strike had not been settled, she did not again attend school until the 14th February 1977 when she returned in fourth class. There she was taught by the teacher for the fifth and sixth classes. From that date on she progressed through fifth and sixth class without any break. She went to secondary school in Skibbereen. She passed her Intermediate Certificate at the age of 14 with nine honours which included an A in Science and BS in History and Maths. She passed her Leaving Certificate in 1984 at the age of 16 with seven honours which included a B in Physics.

3 She applied through the Central Applications Office for a university place. Her choices were solely:

(1) Pharmacy in Trinity College Dublin; and

4 (2) Science in University College Cork.

5 She obtained her place in University College Cork. There she close to study Maths and Physics. As she did not achieve an A in Maths in Leaving Certicate she was advised to and did pursue the pass course. She graduated with a pass degree in 1987. She then enrolled for a Higher Diploma in Education which she has now obtained.

6 She claims damages for the deprivation of her constitutional right to primary education by reason of the Defendants” circular dated 28th of August 1976 to neighbouring primary schools not to accept pupils from Drimoleague National School. The cause of action having already been established, the hearing before me has been solely for the purpose of assessing the amount of these damages.

7 It is submitted that the Plaintiff is entitled to general damages for the distress, upset and general inconvenience suffered by her by reason of being unable to attend school, for the detrimental effect of such non attendance on her educational progress, her character formation, her career prospects and her earning capacity; and to exemplary damages by reason of the particular wrong for which damages are sought.

8 The break in the Plaintiff's education lasted from April 1976 to mid February 1977. The Defendants are however only responsible for the period commencing 28th of August 1976 since it was on that date that they infringed...