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Who's the legal boss of a civil servant?

  • 28-01-2019 2:07pm
    #1
    tronicrage
    Registered Users, Registered Users 2 Posts: 10 ✭


    I sometimes read the high court published judgements.
    Was looking at high court case brought by a civil servant. Mchugh v revenue commissioners h.c. December 2018.
    She worked for Revenue.
    She also named Minister for Finance AND minister for social protection as defendants?
    Why?
    Who is the legal boss of a civil servant?
    Why has the minister for social protection any involvement? Just curious.

    Does each department bring a legal team to court? Surely the costs to the state then must be huge?


Comments

  • #2
    Mr. Incognito
    Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    The Minister is the ultimate boss being the person for responsibility for the department.

    In practice the Head of the Department in the Civil Service runs the show.


  • #3
    tronicrage
    Registered Users, Registered Users 2 Posts: 10 ✭tronicrage


    So are there 3 legal teams in such cases. Why was minister for social protection named?


  • #4
    Mr. Incognito
    Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    No idea.

    Depends on the type of case.


  • #5
    ohnonotgmail
    Registered Users, Registered Users 2 Posts: 40,637 ✭✭✭✭ohnonotgmail


    tronicrage wrote: »
    So are there 3 legal teams in such cases. Why was minister for social protection named?


    If you gave us a clue as to what the case was we might be able to tell you.


  • #6
    Johnny Red Cab
    Closed Accounts Posts: 128 ✭✭Johnny Red Cab


    It is a PI case.

    Ireland and the AG also named defendants.


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  • #7
    ohnonotgmail
    Registered Users, Registered Users 2 Posts: 40,637 ✭✭✭✭ohnonotgmail


    anybody got a link to the judgement?


  • #8
    28064212
    Registered Users, Registered Users 2 Posts: 10,899 ✭✭✭✭28064212


    Presumably it's this case: http://www.courts.ie/Judgments.nsf/0/7FCD47CF66811811802583850034E240

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  • #9
    Johnny Red Cab
    Closed Accounts Posts: 128 ✭✭Johnny Red Cab


    https://www.bailii.org/ie/cases/IEHC/2018/H754.html


  • #10
    neris
    Registered Users, Registered Users 2 Posts: 20,084 ✭✭✭✭neris


    158K payout aswell


  • #11
    Samuel T. Cogley
    Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Include as many parties as possible just in case.


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  • #12
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    tronicrage wrote: »
    I sometimes read the high court published judgements.
    Was looking at high court case brought by a civil servant. Mchugh v revenue commissioners h.c. December 2018.
    She worked for Revenue.
    She also named Minister for Finance AND minister for social protection as defendants?
    Why?
    Who is the legal boss of a civil servant?
    Why has the minister for social protection any involvement? Just curious.

    Does each department bring a legal team to court? Surely the costs to the state then must be huge?

    The Minister for Finance is not named as a Defendant.
    A civil servant is an office holder and holds office at the will and pleasure of the minister.
    The Minister for Social Protection is named presumably as the owner of the land on which the incident happened. It is very common in personal injury claims to have multiple defendants.


  • #13
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    tronicrage wrote: »
    So are there 3 legal teams in such cases. Why was minister for social protection named?

    More than likely the Chief State Solicitor represented all defendants.


  • #14
    corminators
    Registered Users, Registered Users 2 Posts: 92 ✭✭corminators


    OPW look after all civil service premises. Surely they need a name check too.


  • #15
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    corminators wrote: »
    OPW look after all civil service premises. Surely they need a name check too.

    Only if the OPW had carried out work.


  • #16
    lbc2019
    Closed Accounts Posts: 2,291 ✭✭✭lbc2019


    The minister has the ultimate responsibility for her department


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