A former secretary to various bishops of the diocese of Kildare and Leighlin, who last year lost her action against a decision to make her redundant, has been refused leave by the Supreme Court to pursue separate High Court proceedings against the personal representatives of the late Bishop Laurence Ryan.
The court said last year's unsuccessful action by Mary Sheehy (53) was heard on the basis that Dr Ryan's successor, Bishop James Moriarty, was the relevant defendant. That action was heard by Ms Justice Mella Carroll and her dismissal is to be appealed to the Supreme Court.
Ms Sheehy, Green Road, Carlow, represented by new lawyers, yesterday applied to the Supreme Court to bring a separate High Court claim against the personal representatives of Dr Ryan, who died in October 2003.
Angela Heavey, for Ms Sheehy, said her client was granted an interlocutory injunction in 2003 by Mr Justice Michael Peart restraining her removal from her post. Dr Ryan was still alive and the order was to continue until the hearing of an action against him.
Mr Justice Hugh Geoghegan said Ms Sheehy's action had subsequently been heard by Ms Justice Carroll on the basis that his successor, Dr Moriarty, was the relevant defendant.
Ms Heavey said Dr Moriarty was not part of the diocesan administration when the "wrong" was committed. At the time of the hearing before Ms Justice Carroll, Dr Ryan had died, but Mr Justice Peart's ruling intended the defendants should be Dr Ryan or his personal representatives. Ms Heavey said Ms Sheehy and her solicitor reserved the right as new lawyers to seek to reconstitute the action against Dr Ryan's successors.
Tom Mallon, for the diocese and Dr Ryan's personal representatives, said Mr Justice Peart's interlocutory order was spent, either at the beginning or end of Ms Sheehy's action. Mr Justice Geoghegan said the court had no doubt that the trial before Ms Justice Carroll was in every way the trial of the action. Ms Sheehy's application was rejected and legal costs incurred by the diocese were awarded against her.