Burke v Eircom Ltd (Trading as Eir) (Approved) [2020] IEHC 204 (07 May 2020)

Burke v Eircom Ltd (Trading as Eir) (Approved) [2020] IEHC 204 (07 May 2020)

The defamation claim is statute barred and must be struck out. The claim under the Data Protection Acts is not precluded by the prior determination of the Data Protection Commissioner and is not out of time; therefore, it should not be struck out.

Citation
[2020] IEHC 204
Parties
Plaintiff: Michael Burke; Defendant: Eircom Limited (Trading as Eir)
Jurisdiction
Ireland
Judgment Date
07 May 2020
Procedural Posture
Civil / Application to Strike Out Claim
Outcome
Defamation claim struck out as statute barred; Data Protection claim not struck out.
Legal Topics
Statute of Limitations, Freedom of Information, Breach of Statutory Duty, Res Judicata
Defamation Data Protection Statute of Limitations Freedom of Information Breach of Statutory Duty Res Judicata

Case Brief

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Parties

Michael Burke

Plaintiff

Eircom Limited (Trading as Eir)

Defendant

Procedural Posture

Civil / Application to Strike Out Claim

Legal Issues

  1. 1 Whether the defamation claim is statute barred
  2. 2 Whether the claim for breach of Data Protection Acts should be struck out

Ratio Decidendi

The defamation claim is statute barred and must be struck out. The claim under the Data Protection Acts is not precluded by the prior determination of the Data Protection Commissioner and is not out of time; therefore, it should not be struck out.

Court Disposition

Defamation claim struck out as statute barred; Data Protection claim not struck out.

Orders

  • Defamation claim dismissed as out of time
  • Application to strike out Data Protection claim refused