SHAUNA DEVINE (MINOR) -V- DECLAN McGINTY
High Court (Appeal Hearing)31st January 2002
Judge Shiels
This was an appeal from the decision of Deputy Judge Rodgers handed down on the 16th February 2001 at Omagh County Court.
The claim arises out of a road traffic accident that occurred on the 21st September 1997 at Springhill Park, Strabane. At the time of the accident the Plaintiff was 11 years old. The accident involved a collision between the Plaintiff's bicycle and the Defendant's car.
At the County Court Hearing evidence was heard from the Plaintiff and the Plaintiff's mother. Both conceded that the bicycle's brakes were defective and that the Plaintiff had travelled down a relatively steep hill. It was also noted that the bicycle was not the Plaintiff's and may have been too large for her. The Plaintiff's case was that the Defendant had been travelling on the wrong side of the road and therefore the Plaintiff was unable to avoid collision with him.
Before calling any evidence, the Defendant's made an Application that there was no case to answer. Deputy Judge Rodgers conceded to this request and dismissed the case on merits. The Plaintiff's produced a Notice of Legal Aid that was not served in advance of the hearing.
On the 19th February 2001 the Plaintiff served a Notice of Appeal. The Defendants wrote to the Legal Aid Department and made representations that the Plaintiff should not be legally assisted, as her claim had no merit. The Department replied that the Legal Aid Regulations were satisfied.
At the Appeal Hearing, evidence was heard from the Plaintiff and Defendant. The Defendant had a number of witnesses in attendance that included an independent witness who confirmed that the Defendant had been on the correct side of the road at all times. The investigating police officers were also in attendance and gave evidence supporting the Defendant's case.
The Appeal Court upheld the decision of the County Court. Judge Shiels noted that the Defendant was wholly blameless for the accident and enquired why Legal Aid had been granted for the Appeal Hearing. The Plaintiff's Counsel stated that an Appeal was pursued, as evidential issues were not fully explored in the lower Court.