Fagan v. Burgess [1998] IEHC 52; [1999] 3 IR 306 (25th March, 1998)

Absolute privilege applies to witnesses in judicial proceedings, including cases of perjury, and no civil action can be brought against them for evidence given in court.

Source-derived case information.

Citation: [1998] IEHC 52
Parties: Defendant: Mr. Burgess; Plaintiff: Plaintiff/Respondent
Jurisdiction: Ireland
Procedural Posture: Motion to Strike Out Proceedings / High Court Judgment
Outcome: Proceedings struck out
Legal Topics: Absolute Privilege, Perjury, Immunity of Witnesses, Striking Out Proceedings

Tort Law Civil Procedure Absolute Privilege Perjury Immunity of Witnesses Striking Out Proceedings

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2

Parties

Mr. Burgess

Defendant

Plaintiff/Respondent

Plaintiff

Procedural Posture

Motion to Strike Out Proceedings / High Court Judgment

Legal Issues

1 Whether a witness in a civil action can be sued for perjury
2 Whether absolute privilege applies to perjury in civil proceedings

Ratio Decidendi

Absolute privilege applies to witnesses in judicial proceedings, including cases of perjury, and no civil action can be brought against them for evidence given in court.

Court Disposition

Proceedings struck out

Orders

Plaintiff's motion allowed
Proceedings struck out as disclosing no reasonable cause of action

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