The High Court has denied a plaintiff's claim for damages arising from a conviction under a statute that was subsequently found unconstitutional. The plaintiff was convicted of offences in 2008 and 2011, which were later challenged and overturned in 2014. Despite the plaintiff's argument that the offense was unconstitutional at the time of his initial charge, the court held that concluded proceedings cannot normally be reopened following a statute's invalidation, except under exceptional circumstances. The court found no such exceptional circumstances in this case, emphasizing the importance of finality in litigation and the absence of evidence for malicious prosecution or a miscarriage of justice. Consequently, the plaintiff's application for damages was refused, and costs were awarded to the defendants.
damages, unconstitutional conviction, Public Order Act, Criminal Law (Amendment) Act 1935, judicial review, retrospective effect, finality in litigation, malicious prosecution, miscarriage of justice, High Court, Supreme Court, McInerney v. DPP, A v. Governor of Arbour Hill Prison, Damache v. DPP, Cunningham case, European Convention on Human Rights, Article 7, Legal Services Regulation Act 2015.