Griffin v Walsh & ors [2018] IEHC 838 (26 January 2018)

Griffin v Walsh & ors [2018] IEHC 838 (26 January 2018)

Plaintiff's claims for defamation and negligent misstatement are struck out as bound to fail; claim for malicious prosecution is stayed pending exhaustion of all avenues to overturn conviction; pleadings do not disclose a reasonable cause of action and are unsustainable.

Citation
[2018] IEHC 838
Parties
Plaintiff: Christopher Griffin; Defendant: William David Walsh; Defendant: Garda Commissioner; Defendant: Minister for Justice
Jurisdiction
Ireland
Judgment Date
26 January 2018
Procedural Posture
High Court Civil Action / Application to Dismiss or Strike Out Claim
Outcome
Claims for defamation and negligent misstatement struck out; claim for malicious prosecution stayed pending appeal.
Legal Topics
Malicious Prosecution, Defamation, Negligent Misstatement, Frivolous and Vexatious Proceedings, Abuse of Process
Tort Criminal Law Defamation Malicious Prosecution Negligent Misstatement Frivolous and Vexatious Proceedings Abuse of Process

Case Brief

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Parties

Christopher Griffin

Plaintiff

William David Walsh

Defendant

Garda Commissioner

Defendant

Minister for Justice

Defendant

Procedural Posture

High Court Civil Action / Application to Dismiss or Strike Out Claim

Legal Issues

  1. 1 Whether the plaintiff's claim discloses a reasonable cause of action
  2. 2 Whether the claim is frivolous, vexatious, unsustainable, or bound to fail
  3. 3 Whether the claim for malicious prosecution can proceed without conviction being overturned

Ratio Decidendi

Plaintiff's claims for defamation and negligent misstatement are struck out as bound to fail; claim for malicious prosecution is stayed pending exhaustion of all avenues to overturn conviction; pleadings do not disclose a reasonable cause of action and are unsustainable.

Court Disposition

Claims for defamation and negligent misstatement struck out; claim for malicious prosecution stayed pending appeal.

Orders

  • Strike out claims for defamation and negligent misstatement
  • Stay claim for malicious prosecution until conviction is overturned or appeal avenues exhausted