Pringle v. Ireland [1999] IEHC 185; [1999] 4 IR 10; [2000] 2 ILRM 161 (13th July, 1999)

Pringle v. Ireland [1999] IEHC 185; [1999] 4 IR 10; [2000] 2 ILRM 161 (13th July, 1999)

The plaintiff has not exercised the statutory option under Section 9(2) of the Criminal Procedure Act 1993 because he has not obtained the required certificate from the Court of Criminal Appeal. Therefore, he is not barred from pursuing his civil claim for damages against the defendants.

Citation
[2000] 2 ILRM 161
Parties
Plaintiff: Peter Pringle; Defendants: The State (members of the Garda Siochana, Director of Public Prosecutions, Minister for Justice)
Jurisdiction
Ireland
Procedural Posture
Civil Action for Damages / Preliminary Issue on Statutory Bar to Proceedings
Outcome
Plaintiff not barred from pursuing claim
Legal Topics
Miscarriage of Justice, Compensation for Wrongful Conviction, Statutory Bar to Civil Proceedings, Right to Litigate, Interpretation of Criminal Procedure Act 1993
Criminal Law Constitutional Law Tort Law Statutory Interpretation Miscarriage of Justice Compensation for Wrongful Conviction Statutory Bar to Civil Proceedings Right to Litigate +1 more

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Parties

Peter Pringle

Plaintiff

The State (members of the Garda Siochana, Director of Public Prosecutions, Minister for Justice)

Defendants

Procedural Posture

Civil Action for Damages / Preliminary Issue on Statutory Bar to Proceedings

Legal Issues

  1. 1 Whether the plaintiff, by applying for a certificate under Section 9 of the Criminal Procedure Act 1993, is barred from pursuing a civil claim for damages
  2. 2 Whether the absence of a certificate under Section 9(2) precludes the exercise of the statutory option and thus the statutory bar

Ratio Decidendi

The plaintiff has not exercised the statutory option under Section 9(2) of the Criminal Procedure Act 1993 because he has not obtained the required certificate from the Court of Criminal Appeal. Therefore, he is not barred from pursuing his civil claim for damages against the defendants.

Court Disposition

Plaintiff not barred from pursuing claim

Orders

  • The preliminary issue is answered in favour of the plaintiff: (a) No, the plaintiff has not exercised the statutory option; (b) The plaintiff is not barred from asserting his claim in these proceedings.