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High Court refuses to strike out an action for trespass to goods, where the Gardai, pursuant to a search warrant, entered the plaintiff's premises and seized goods, then allowed the goods to be transported and retained by a third party without an accompanying Garda, on the grounds that there was no clear authority that the Gardai were entitled to transfer such material to a private party, and that it was not clear that the plaintiff had no case to answer.
Application to dismiss claim - failure to disclose a reasonable cause of action - execution of search warrant - s. 143 of the Copyright and Related Rights Act, 2000 - information sworn before District Court - whether actions on foot of search warrant exceeded authorisation - seizure of goods - Gardai accompanied by representative of company that claimed ownership of copyright - further particulars of claim served after initial pleadings - transportation of goods by private company - no Garda accompanying goods - whether Gardai entitled to hand over material to a private party for forensic analysis and testing.
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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