Murray -v- Irish Prison Service & anor [2015] IEHC 474 (15 July 2015)

Murray -v- Irish Prison Service & anor [2015] IEHC 474 (15 July 2015)

There was no ongoing or threatened infringement of the applicant’s rights, no evidence of prejudice or loss, and the recordings were inadvertent and not accessed. Therefore, no injunctive, declaratory, or compensatory relief was warranted.

Citation
[2015] IEHC 474
Parties
Applicant: Michael Murray; First Respondent: Irish Prison Service; Second Respondent: Minister for Justice and Equality
Jurisdiction
Ireland
Judgment Date
15 July 2015
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Prisoner Rights, Legal Professional Privilege, Privacy, Judicial Review, Telephone Interception
Constitutional Law Prison Law Administrative Law Prisoner Rights Legal Professional Privilege Privacy Judicial Review Telephone Interception

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Parties

Michael Murray

Applicant

Irish Prison Service

First Respondent

Minister for Justice and Equality

Second Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the inadvertent recording of privileged phone calls between a prisoner and his solicitors by the prison authorities was unlawful and entitles the applicant to injunctive, declaratory, or compensatory relief.

Ratio Decidendi

There was no ongoing or threatened infringement of the applicant’s rights, no evidence of prejudice or loss, and the recordings were inadvertent and not accessed. Therefore, no injunctive, declaratory, or compensatory relief was warranted.

Court Disposition

Application dismissed