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Legal action against civil servants

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Comments

  • #32
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Was Mr. Neary a civil servant? :confused:


  • #33
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,531 ✭✭✭✭Peregrinus


    gearoid_murphy wrote: »
    As a citizen of the Republic, could I not sue the former financial regulator on behalf of the State?
    No. Even the State has a cause of action against Neary, every citizen does not have the right to sue in the place of the state. That's the attorney-general's role.


  • #34
    blueythebear
    Registered Users, Registered Users 2 Posts: 1,074 ✭✭✭blueythebear


    gearoid_murphy wrote: »
    A criminal case would be hard to argue, what about a civil one?, bear in mind, I'm not a lawyer. I'm looking for means to an end, I'm well aware that the odds are against this but doing nothing and accepting the situation is worse than trying and failing.

    Really? What about the legal fees you would incur when you inevitably fail? I'm sure €100,000 in legal fees will affect you personally far more than anything that Mr Neary has done.
    gearoid_murphy wrote: »
    I don't want to sue the state, I don't think that'll achieve anything other than wasting tax revenue. Is it possible to sue a civil servant on behalf of the state?, ie, can a private citizen or a consortium of citizens represent the state in a civil case?

    If you don't want to sue the State, what's the point? Never mind the fact that the State could not do so, do you think that Mr Neary could afford in his personal capacity to correct the ledger books of the entire country?

    If you really want to do something, go to your local TD and try and drum up support for some form of Tribunal, which'll inevitably cost the State millions but sure isn't it worth it when we get a 250 page report at the end of it?


  • #35
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    gearoid_murphy wrote: »
    A criminal case would be hard to argue, what about a civil one?, bear in mind, I'm not a lawyer. I'm looking for means to an end, I'm well aware that the odds are against this but doing nothing and accepting the situation is worse than trying and failing.

    I don't want to sue the state, I don't think that'll achieve anything other than wasting tax revenue. Is it possible to sue a civil servant on behalf of the state?, ie, can a private citizen or a consortium of citizens represent the state in a civil case?

    For a civil case you have to plead a cause of action. You have yet to identify one.
    The state has a policy of indemnifying civil servants for the costs and damages of actions taken against them whilst in the employment of the state. You are at nothing.


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