Moram -v- Bell & Ors [2012] IEHC 111 (05 March 2012)

Moram -v- Bell & Ors [2012] IEHC 111 (05 March 2012)

The claim is not justiciable as it concerns church discipline, is statute-barred for events before January 17, 2008, and fails for lack of publication to a third party and absence of special damage pleaded. The pleadings disclose no cause of action against the named defendants.

Citation
[2012] IEHC 111
Parties
Plaintiff/applicant: Ruth Moram; Defendant/respondent: Martyn Bell; Defendant/respondent: Peter Benthem; Defendant/respondent: Andrew Beeston
Jurisdiction
Ireland
Judgment Date
05 March 2012
Procedural Posture
Civil Appeal / Appeal From Circuit Court to High Court
Outcome
claim dismissed
Legal Topics
Slander, Statute of Limitations, Justiciability, Church Discipline, Publication Requirement, Special Damage
Civil Procedure Defamation Slander Statute of Limitations Justiciability Church Discipline Publication Requirement Special Damage

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Parties

Ruth Moram

Plaintiff/applicant

Martyn Bell

Defendant/respondent

Peter Benthem

Defendant/respondent

Andrew Beeston

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Circuit Court to High Court

Legal Issues

  1. 1 Whether the claim for slander is justiciable before a secular court
  2. 2 Whether the claim is statute-barred under the Statute of Limitations
  3. 3 Whether there was publication to an identified third party

Ratio Decidendi

The claim is not justiciable as it concerns church discipline, is statute-barred for events before January 17, 2008, and fails for lack of publication to a third party and absence of special damage pleaded. The pleadings disclose no cause of action against the named defendants.

Court Disposition

claim dismissed

Orders

  • Plaintiff's claim dismissed for want of cause of action.