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Civil Liability of Company re criminal matter

  • 09-02-2012 1:04pm
    #1
    ericdogg
    Registered Users Posts: 16 ✭


    Hi All,

    Just wondering if anyone can help me on a matter...

    -Company A makes an official Garda Complaint about Company B re theft of property belonging to Company A.

    - Garda happy to apply for warrant to seize property in question but

    -if no evidence of theft found...could Company A be liable in a civil context for loss of business to Company B or falsely making allegations even though acting in good faith as an injured party and not maliciously??

    Would any possible suit be against Company A or the authorites?

    Thanks for any advice!


Comments

  • #2
    Kosseegan
    Banned (with Prison Access) Posts: 987 ✭✭✭Kosseegan


    Most unlikely. The communication with the garda would be privileged.


  • #3
    ericdogg
    Registered Users Posts: 16 ✭ericdogg


    Cheers thanks for that!


  • #4
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    ericdogg wrote: »
    -if no evidence of theft found...could Company A be liable in a civil context for loss of business to Company B or falsely making allegations even though acting in good faith as an injured party and not maliciously??

    Would any possible suit be against Company A or the authorites?

    Nope, Nope and Nope.


  • #5
    McCrack
    Registered Users, Registered Users 2 Posts: 2,984 ✭✭✭McCrack


    Reloc8 wrote: »
    Nope, Nope and Nope.

    In fairness now I wouldn't be so quick to say never. Obviously we don't and wont have enough detail here to make a judgement but is quite possible (depending on a range of factors) to sue a person making a malicious prosecution where damage is sustained.

    It is also possible to sue the State for the Garda's actions again depending on a factors such as reasonableness and indeed having the requisite proof to obtain a warrant and as well I would look at how that warrant was executed.

    The onus is quite high on the plaintiff however.

    OP I would say if you have concerns speak with a solicitor.


  • #6
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    OP's question specifically stated that Company A acted in good faith without malice. That being assumed to be so the answer to the hypothetical is correct (sorry that sounds very stuffy).

    I'm assuming from what he says that Company A can demonstrate the reasonable grounds for its complaint.


    If this relates to a real world situation and words like 'malicious prosecution' and 'frivolous complaint' and 'only did it to ruin our business' are being tossed around yup go to a solicitor.


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