Bailey -v- The Commissioner of An Garda Siochana & ors [2017] IECA 220 (26 July 2017)

Bailey -v- The Commissioner of An Garda Siochana & ors [2017] IECA 220 (26 July 2017)

Most claims are statute-barred as they accrued before the six-year limitation period; only the alleged continuing conspiracy regarding wrongful procurement of witness statements and the discrete claim of wrongful disclosure of confidential information in 2003 are not statute-barred and must be remitted for retrial. Opinion evidence on the core issue is inadmissible.

Citation
[2017] IECA 220
Parties
Plaintiff/appellant: Ian Bailey; Defendant/respondent: The Commissioner of An Garda Síochána; Defendant/respondent: The Minister for Justice, Equality and Law Reform; Defendant/respondent: Ireland; Defendant/respondent: The Attorney General
Jurisdiction
Ireland
Judgment Date
26 July 2017
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed except for discrete claim of wrongful disclosure; retrial ordered on that issue.
Legal Topics
Statute of Limitations, Conspiracy, Unlawful Arrest, False Imprisonment, Malicious Prosecution, Defamation, Breach of Constitutional Rights, Opinion Evidence, Disclosure of Confidential Information
Tort Constitutional Law Civil Procedure Statute of Limitations Conspiracy Unlawful Arrest False Imprisonment Malicious Prosecution +4 more

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Parties

Ian Bailey

Plaintiff/appellant

The Commissioner of An Garda Síochána

Defendant/respondent

The Minister for Justice, Equality and Law Reform

Defendant/respondent

Ireland

Defendant/respondent

The Attorney General

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the plaintiff's claims are statute-barred under the Statute of Limitations 1957
  2. 2 Whether the alleged conspiracy by Gardaí to suborn witness statements is a continuing tort
  3. 3 Whether unlawful disclosure of confidential information to media is actionable

Ratio Decidendi

Most claims are statute-barred as they accrued before the six-year limitation period; only the alleged continuing conspiracy regarding wrongful procurement of witness statements and the discrete claim of wrongful disclosure of confidential information in 2003 are not statute-barred and must be remitted for retrial. Opinion evidence on the core issue is inadmissible.

Court Disposition

Appeal dismissed except for discrete claim of wrongful disclosure; retrial ordered on that issue.

Orders

  • Most claims dismissed as statute-barred.
  • Discrete claim of wrongful disclosure of confidential information remitted to High Court for retrial.