Murray -v- Sheridan & Ors [2013] IEHC 303 (27 June 2013)

Murray -v- Sheridan & Ors [2013] IEHC 303 (27 June 2013)

The plaintiff's defamation claims are bound to fail as they are either statute barred or covered by absolute privilege, and no sustainable basis is demonstrated for the other claims; therefore, the action must be dismissed.

Source-derived case information.

Citation
[2013] IEHC 303
Parties
Plaintiff: Donall 'Happy' Murray; Defendant: John Sheridan; Defendant: Ireland; Defendant: Attorney General
Jurisdiction
Ireland
Judgment Date
27 June 2013
Procedural Posture
Plenary Civil Action / Motion to Dismiss
Outcome
action dismissed
Legal Topics
Abuse of Process, Absolute Privilege, Statute of Limitations, Misfeasance in Public Office, Injurious Falsehood
Civil Procedure Defamation Constitutional Law Public Office Misconduct Abuse of Process Absolute Privilege Statute of Limitations Misfeasance in Public Office +1 more

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Summary, issues, holding and outcome

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Parties

Donall 'Happy' Murray

Plaintiff

John Sheridan

Defendant

Ireland

Defendant

Attorney General

Defendant

Procedural Posture

Plenary Civil Action / Motion to Dismiss

Legal Issues

  1. 1 Whether the plaintiff's claims are frivolous, vexatious, or an abuse of process
  2. 2 Whether the defamation claims are statute barred or covered by absolute privilege
  3. 3 Whether other claims (injurious falsehood, misfeasance, breach of duty, constitutional rights) are sustainable

Ratio Decidendi

The plaintiff's defamation claims are bound to fail as they are either statute barred or covered by absolute privilege, and no sustainable basis is demonstrated for the other claims; therefore, the action must be dismissed.

Court Disposition

action dismissed

Orders

  • Plaintiff's action dismissed as bound to fail
  • Application for order restricting further proceedings without leave refused