Murphy v Gloster & Ors (Approved) [2025] IEHC 171 (06 February 2025)

Murphy v Gloster & Ors (Approved) [2025] IEHC 171 (06 February 2025)

Mr. Murphy's intended proceedings do not, in substance, concern personal liberty or the habeas corpus procedure under Article 40.4 of the Constitution, but rather concern alleged procedural flaws and damages relating to a report by the HSE. Therefore, the exemption from court fees under s.5(a) of SI 492/2014 does not apply.

Citation
[2025] IEHC 171
Parties
Intended Plaintiff: Mr. Murphy; Intended Defendants: Health Service Executive (HSE) and others
Jurisdiction
Ireland
Judgment Date
06 February 2025
Procedural Posture
Application for Exemption From Court Fees / Ex Tempore High Court Judgment on Application
Outcome
Application refused
Legal Topics
Court Fees, Exemptions From Fees, Article 40.4 of the Constitution, Personal Liberty
Civil Procedure Constitutional Law Court Fees Exemptions From Fees Article 40.4 of the Constitution Personal Liberty

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Parties

Mr. Murphy

Intended Plaintiff

Health Service Executive (HSE) and others

Intended Defendants

Procedural Posture

Application for Exemption From Court Fees / Ex Tempore High Court Judgment on Application

Legal Issues

  1. 1 Whether Mr. Murphy's intended proceedings qualify as 'proceedings under Article 40.4 of the Constitution' for the purpose of exemption from court fees under SI 492/2014 s.5(a)

Ratio Decidendi

Mr. Murphy's intended proceedings do not, in substance, concern personal liberty or the habeas corpus procedure under Article 40.4 of the Constitution, but rather concern alleged procedural flaws and damages relating to a report by the HSE. Therefore, the exemption from court fees under s.5(a) of SI 492/2014 does not apply.

Court Disposition

Application refused

Orders

  • Mr. Murphy's application for exemption from court fees is refused.
  • Court fees must be paid if Mr. Murphy wishes to proceed with the proceedings.