Marley v DPP & Ors (Approved) [2023] IEHC 245 (16 May 2023)

Marley v DPP & Ors (Approved) [2023] IEHC 245 (16 May 2023)

The High Court has no jurisdiction to provide declaratory relief on the interpretation of statutory provisions relevant to pending criminal proceedings where the constitutionality of those provisions is not challenged. The issues raised by the plaintiff are for determination by the trial judge in the criminal proceedings. The plaintiff's claim is not legally capable of succeeding and discloses no reasonable cause of action. The proceedings are to be struck out under Order 19, Rule 28 of the Rules of the Superior Courts.

Citation
[2023] IEHC 245
Parties
Plaintiff: Philip Marley; First Defendant: Director of Public Prosecutions; Second Defendant: Ireland; Third Defendant: Attorney General
Jurisdiction
Ireland
Judgment Date
16 May 2023
Procedural Posture
Plenary Proceedings (high Court, Ireland) / Ruling on Motions to Strike Out Claim and for Judgment in Default of Defence
Outcome
Plaintiff's proceedings struck out
Legal Topics
Declaratory Relief, Jurisdiction of Courts, Striking Out Proceedings, Land Registration, Interpretation of Statutes, Criminal Procedure
Criminal Law Civil Procedure Land Law Declaratory Relief Jurisdiction of Courts Striking Out Proceedings Land Registration Interpretation of Statutes +1 more

Case Brief

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Parties

Philip Marley

Plaintiff

Director of Public Prosecutions

First Defendant

Ireland

Second Defendant

Attorney General

Third Defendant

Procedural Posture

Plenary Proceedings (high Court, Ireland) / Ruling on Motions to Strike Out Claim and for Judgment in Default of Defence

Legal Issues

  1. 1 Whether the High Court is the appropriate forum to determine legal issues relevant to pending criminal proceedings by way of declaratory relief in advance of trial
  2. 2 Whether the plaintiff's claim discloses a reasonable cause of action or is bound to fail

Ratio Decidendi

The High Court has no jurisdiction to provide declaratory relief on the interpretation of statutory provisions relevant to pending criminal proceedings where the constitutionality of those provisions is not challenged. The issues raised by the plaintiff are for determination by the trial judge in the criminal proceedings. The plaintiff's claim is not legally capable of succeeding and discloses no reasonable cause of action. The proceedings are to be struck out under Order 19, Rule 28 of the Rules of the Superior Courts.

Court Disposition

Plaintiff's proceedings struck out

Orders

  • Order striking out the proceedings pursuant to Order 19, Rule 28 of the Rules of the Superior Courts
  • Plaintiff's motion for judgment in default of defence does not fall for consideration