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The High Court has refused an application by an intended plaintiff for exemption from court fees for a plenary summons and related motions, which he claimed were proceedings under Article 40.4 of the Constitution. The court found that the intended action, which alleged a flawed report by the HSE causing distress and damage, does not pertain to the deprivation of personal liberty as outlined in Article 40.4. The court emphasized that mere reference to Article 40.4 does not exempt an applicant from court fees if the substance of the case does not involve issues of personal liberty. The decision aligns with the principles established in a previous High Court judgment, which clarified that exemptions are a matter of substance rather than form, and are strictly confined to proceedings instituted under Article 40.4.2 to 4 of the Constitution.
High Court, exemption from court fees, Article 40.4 of the Constitution, personal liberty, habeas corpus, Statutory Instrument 492/2014, HSE report, fair procedures, conflict of interest, damages, Humphreys J., McGreal v. Minister for Housing, Local Government and Heritage of Ireland (No. 2), false arrest, false imprisonment, Non-Fatal Offences Against a Person Act 1997, European Convention on Human Rights (ECHR), EU Charter of Fundamental Rights.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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