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Can the state take a civil action against an individual?

  • 27-04-2012 2:27am
    #1
    Chuck Stone
    Closed Accounts Posts: 13,030 ✭✭✭✭


    Can the state take a civil action against an individual?


Comments

  • #2
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    Chuck Stone wrote: »
    Can the state take a civil action against an individual?

    Yes, and frequently does.


  • #3
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    AG v X for example


  • #4
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    GCDLawstudent wrote: »
    AG v X for example

    Well is this what Milk & Honey means when he says yes considering when the AG takes a case it is on behalf of a citizen? Or can the AG take a case in its own right?


  • #5
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    I was just giving an example of a case taken against an individual. Interesting question though - the answer too I have absolutely no clue! :)

    Does the AG take cases on behalf of a citizen (singular) I thought it was on behalf of the state?


  • #6
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    GCDLawstudent wrote: »
    I was just giving an example of a case taken against an individual. Interesting question though - the answer too I have absolutely no clue! :)

    Does the AG take cases on behalf of a citizen (singular) I thought it was on behalf of the state?

    The AG is the guardian of public rights and public rights dont vest in individuals so if a citizen wants to challenge the state or any constitutional issue, the AG must take a case on behalf of them. Its called a "relator right". Thats why you usually see case names like AG (Ryan) v Minister for whatever.

    Edit: should also point out that in an action against the start, the defendants are "Ireland & the A.G".


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  • #7
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    The Revenue Commissioners issue Civil Summons against individuals for money owed frequently.


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