A.R. v Ireland & Anor (Approved) [2025] IEHC 132 (05 March 2025)

A.R. v Ireland & Anor (Approved) [2025] IEHC 132 (05 March 2025)

The statement of claim and affidavit failed to disclose any reasonable cause of action against the defendants. Claims in defamation are barred by absolute privilege; no relationship of proximity or reliance is pleaded for negligent misstatement; malicious prosecution is not made out as proceedings were successful, not instituted by defendants, or not concluded; misfeasance in public office is not properly pleaded or supported by facts; and the court lacks jurisdiction for damages for stress and anxiety without PIAB authorisation. The proceedings are also an abuse of process as they appear designed to impede legitimate criminal prosecution.

Citation
[2025] IEHC 132
Parties
Plaintiff: A. R.; Defendant: Ireland; Defendant: The Attorney General; Defendant: The Commissioner of An Garda Síochána; Defendant: X. Y.
Jurisdiction
Ireland
Judgment Date
05 March 2025
Procedural Posture
Civil / Application to Strike Out Proceedings
Outcome
proceedings struck out
Legal Topics
Strike Out Application, Abuse of Process, Defamation, Malicious Prosecution, Misfeasance in Public Office, Negligent Misstatement, Absolute Privilege, Bail Conditions, Personal Injuries Jurisdiction, Court Procedure
Civil Procedure Tort Law Family Law Criminal Law Strike Out Application Abuse of Process Defamation Malicious Prosecution +6 more

Case Brief

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Parties

A. R.

Plaintiff

Ireland

Defendant

The Attorney General

Defendant

The Commissioner of An Garda Síochána

Defendant

X. Y.

Defendant

Procedural Posture

Civil / Application to Strike Out Proceedings

Legal Issues

  1. 1 Whether the statement of claim discloses any reasonable cause of action against the defendants
  2. 2 Whether the proceedings amount to an abuse of process
  3. 3 Whether the plaintiff can maintain claims in defamation, negligent misstatement, malicious prosecution, or misfeasance in public office against the defendants

Ratio Decidendi

The statement of claim and affidavit failed to disclose any reasonable cause of action against the defendants. Claims in defamation are barred by absolute privilege; no relationship of proximity or reliance is pleaded for negligent misstatement; malicious prosecution is not made out as proceedings were successful, not instituted by defendants, or not concluded; misfeasance in public office is not properly pleaded or supported by facts; and the court lacks jurisdiction for damages for stress and anxiety without PIAB authorisation. The proceedings are also an abuse of process as they appear designed to impede legitimate criminal prosecution.

Court Disposition

proceedings struck out

Orders

  • Plaintiff's proceedings struck out for failure to disclose a cause of action and/or as an abuse of process.
  • Plaintiff's application for interlocutory injunction refused.