This article concerns a recent Court of Appeal decision in Ciarán Culkin v Sligo County Council And Irish Human Rights And Equality Commission, [2017] IECA 104, a judgment of Mr. Justice Gerard Hogan delivered on the 29th day of March 2017.

The Court of Appeal overturned the decision of the High Court and clarified that a Claimant who has been unsuccessful in claiming discrimination or harassment under the Employment Equality Acts 1998 as amended is not automatically precluded from bringing a personal injuries claim in the civil courts, even where both alleged claims arise out of the same facts.

Background

This was an appeal by Mr. Culkin from a decision of Kearns P. in the High Court in