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 obtained a certificate under Section 9 of the Criminal Procedure Act 1993 and therefore has not exercised the statutory option for compensation. As such, he is not barred from pursuing his claim for damages in these proceedings.

Source-derived case information.

Citation
[1999] IEHC 185
Parties
Plaintiff: Peter Pringle; Defendant: The State (Defendants)
Jurisdiction
Ireland
Procedural Posture
Civil / Preliminary Issue on Bar to Proceedings
Outcome
Plaintiff not barred from pursuing claim
Legal Topics
Miscarriage of Justice, Compensation for Wrongful Conviction, Statutory Interpretation, Right to Litigate
Criminal Law Constitutional Law Tort Law Miscarriage of Justice Compensation for Wrongful Conviction Statutory Interpretation Right to Litigate

Source-derived case record

Summary, issues, holding and outcome

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Parties

Peter Pringle

Plaintiff

The State (Defendants)

Defendant

Procedural Posture

Civil / Preliminary Issue on 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 damages in these proceedings
  2. 2 Whether the absence of a certificate under Section 9 precludes the plaintiff from exercising the statutory option and thus bars the current claim

Ratio Decidendi

The plaintiff has not obtained a certificate under Section 9 of the Criminal Procedure Act 1993 and therefore has not exercised the statutory option for compensation. As such, he is not barred from pursuing his claim for damages in these proceedings.

Court Disposition

Plaintiff not barred from pursuing claim

Orders

  • Plaintiff is not barred from seeking to assert his claim in these proceedings against the defendants