A Deemster has refused to strike out a long-delayed claim against the DHSC, in which a severely disabled man alleges he suffered abuse while in respite care.
The Claimant, now 30, has a disability and learning difficulties.
He alleges staff at Hollydene in Douglas mistreated him during a stay in June 2013, causing Post-Traumatic Stress Disorder (PTSD). A further claim alleges a failure to properly treat his condition.
The Defendant applied to have the case struck out, citing “inordinate and inexcusable” delay of over 12 years and arguing the claim lacked specificity and prospect of success.
Recollection
Deemster John Needham acknowledged the “very real problems of witness recollection” after such delay. However, he ruled a fair trial remained possible and that the claim was not “fanciful”.
He found the delay was “inordinate” but noted the Defendant had “not been proactive” in advancing the case and had employed a “poor method of investigation”.
The Deserter dismissed the application but ordered the claimant to significantly amend his particulars of claim within 42 days. He must specify the alleged abuse—whether physical, verbal, or through rough handling—rather than relying on investigators’ opinions.
Mr Needham said the claimant “needs to nail its colours to the mast”. The case will proceed, with the possibility of a split trial focusing first on liability.
You can see the full ruling here.