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Communication between Gardaí and DPP was privileged in malicious prosecution claim

By: Mark Tottenham BL

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High Court, in a claim against the state for malicious prosecution concerning charges of driving without a licence and without insurance, refuses to order discovery of communication between the Gardaí and the Director of Public Prosecutions on the grounds that it was privileged.

Application for discovery - claim for, inter alia, malicious prosecution - prosecution for driving without a licence or insurance - correspondence sent to Director of Public Prosecutions - decision to issue summons - charge sheets - declaration of service of summonses - station log, notebook entries.

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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