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Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 8414
Experience:  Barrister 17 years experience
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If it can be proven that a witness for the defence gave false

Resolved Question:

If it can be proven that a witness for the defence gave false evidence in a civil case in the Circuit Court in Ireland could the plaintiff who lost the case take a case against that witness and, if so, at what level would it have to be taken
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 1 year ago.
1. Perjury is a tort or civil wrong as well as a crime. This means that should someone perjure themselves in a civil case, then any person affected by the perjury can sue the perjurer for damages. In your situation, it means that the former plaintiff can sue the witness who gave false evidence for any loss he has suffered as a result of the wrongful evidence. This fresh cause of action for perjury can be started by the former plaintiff in the Circuit Court or the High court depending on the amount of damages claimed. Just because the original action took place in the circuit court does not mean that a subsequent action for perjury has to take place in the Circuit Court.
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Customer: replied 1 year ago.

Sorry about delay - had to tale a telephone call.


 


Is it sufficient to establish that the witness had perjured himself or must it be shown that the perjury resulted in the plaintiff losing the case. In other words would it be a virtual retrial.

Expert:  Buachaill replied 1 year ago.
2. There will be no such thing as a retrial! Rather it had merely needs to be shown that the evidence given was false and loss resulted. The issue of whether the result in the original case would be different is never entered into. Essentially falsity of the evidence must be proved and then that loss was caused.
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Buachaill, Lawyer
Satisfied Customers: 8414
Experience: Barrister 17 years experience
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