Berry v The Commissioner of An Garda Siochana (Approved) [2023] IEHC 699 (08 December 2023)

Berry v The Commissioner of An Garda Siochana (Approved) [2023] IEHC 699 (08 December 2023)

The plaintiff's claim, taken at its height, could reasonably exceed the Circuit Court's jurisdiction, and the inclusion of non-defamation claims does not preclude a jury trial. The application to remit the proceedings to the Circuit Court is refused.

Citation
[2023] IEHC 699
Parties
Plaintiff: John Matthew Berry; First Named Defendant: The Commissioner of An Garda Síochána; Second Named Defendant: Noel Shannon
Jurisdiction
Ireland
Judgment Date
08 December 2023
Procedural Posture
Application to Remit Proceedings / High Court Judgment on Remittal Application
Outcome
Application to remit proceedings to the Circuit Court refused.
Legal Topics
Remittal of Proceedings, Jurisdiction, Damages, Trial by Jury, Personal Injuries, Aggravated Damages
Defamation Constitutional Law Data Protection Negligence Remittal of Proceedings Jurisdiction Damages Trial by Jury +2 more

Case Brief

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Parties

John Matthew Berry

Plaintiff

The Commissioner of An Garda Síochána

First Named Defendant

Noel Shannon

Second Named Defendant

Procedural Posture

Application to Remit Proceedings / High Court Judgment on Remittal Application

Legal Issues

  1. 1 Whether the proceedings should be remitted from the High Court to the Circuit Court under O. 49, r. 7 of the Rules of the Superior Courts
  2. 2 Whether the plaintiff's claim includes damages for personal injuries precluding a jury trial
  3. 3 Whether the value of the claim exceeds the Circuit Court's jurisdiction

Ratio Decidendi

The plaintiff's claim, taken at its height, could reasonably exceed the Circuit Court's jurisdiction, and the inclusion of non-defamation claims does not preclude a jury trial. The application to remit the proceedings to the Circuit Court is refused.

Court Disposition

Application to remit proceedings to the Circuit Court refused.

Orders

  • Proceedings to remain in the High Court.
  • Indicative view that plaintiff is entitled to costs, subject to further submissions.