Courts / Dublin / Report
Claim over alleged unlawful incarceration for failure to pay debt is struck out
Summary
The High Court has struck out a damages claim brought by Gerard Martin Fulham, who was incarcerated in Mountjoy prison between December 21st and 28th, 2007, for failing to pay debts. Mr Justice Bernard Barton dismissed the action as vexatious, frivolous, and bound to fail. Mr Fulham, a former building contractor, alleged that his imprisonment following instalment orders from creditors Chadwicks and Independent Communications Ltd breached his constitutional rights. He sought damages and a civil jury trial, claiming his health suffered. The defendants, including the State and the Attorney General, denied the claims and moved to strike out the proceedings, arguing Mr Fulham could not benefit from the 2009 McCann judgement, which found section 6 of the Enforcement of Court Orders Act 1940 unconstitutional. That ruling had previously allowed Caroline McCann to avoid a prison sentence for unpaid debts. The judge noted that Mr Fulham had not challenged his 2007 incarceration at the time nor sought judicial review within legal time limits. Consequently, he was not entitled to the benefit of the McCann decision. Although the claim was struck out, the matter will return before the courts in the New Year to deal with all outstanding issues.
Who, what, where, when and why
What: Report matter: Claim over alleged unlawful incarceration for failure to pay debt is struck out. Procedural stage: sentence
When:
- December 21st Hearing Or Sentence
- December 28th 2007 Hearing Or Sentence
- 2002 and 2006 Other
- Christmas Other
- New Year Other
- 2019-12-20 Publication
Case subjects
Applicant
Applicant
Outcome: The judge said that Mr Fulham had not sought to challenge his incarceration at the time of his imprisonment nor did he seek to have that decision judicially reviewed within the legal time limits allowed.
Places mentioned
- The High Court
- High Court
- Mountjoy
- Mountjoy prison
- Nutgrove Avenue
- Rathfarnham
- Dublin
Topics
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