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June 19, 2024

Plaintiffs Not Entitled to Relitigate Previous Personal Injury Claim

Waliszewski v Republic of Ireland [2024] IEHC 351 (High Court, Bolger J, 11 June 2024)

High Court dismissed the plaintiff's proceedings, which sought to challenge the outcome of a previous personal injury claim and related appeals, on the grounds that the current claims were an abuse of process, frivolous, vexatious, and bound to fail, as they constituted a collateral attack on the decisions of the High Court, Court of Appeal, and Supreme Court. The plaintiff's grievances against the handling of his original case by the courts and his former solicitors had no credible basis.

High Court – dismissal – abuse of process – frivolous and vexatious – collateral attack – personal injury claim – inherent jurisdiction – finality in litigation – Order 19, Rule 28 (RSC)Legal Services Regulation Act 2015 – Section 26 of the Act of 2004 – appeal – Court of Appeal – Supreme Court – inherent jurisdiction – constitutional rights – EU Treaties – Universal Declaration of Human Rights – costs.

June 18, 2024

Google could not be added as Defendant in Defamation Case as Limitation Period had Expired

Gilroy & Anor v O'Leary [2024] IEHC 349 (High Court, Hyland J, 5 June 2024)

High Court refused an application by the plaintiffs to join Google as a defendant in a defamation case concerning a video published on YouTube, on the grounds that the plaintiffs' claim against Google was manifestly time-barred, as the video in question was first published on 23 June 2018, and the motion to join Google was not brought until after the one-year limitation period, extendable to a maximum of two years, had expired. The cause of action against Google accrued on the date the video was first viewable online, dismissing the plaintiffs' argument that the cause of action should start from the date they requested Google to remove the video.

Defamation – Google – YouTube – Statute of Limitations Act 1957 – time-barred – publication – joinder of defendant – Rules of the Superior Courts (RSC) – Order 15 Rule 4 – inherent jurisdiction – High Court – cause of action – Defamation Act 2009 – limitation period – secondary publisher – manifestly statute barred.

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