Neighbourly Duties: Malicious Abuse of Process and Witness Immunity in Nikita Hand’s claims against her neighbours
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Dadiya, Jinal. 2025. Neighbourly Duties: Malicious Abuse of Process and Witness Immunity in Nikita Hand’s claims against her neighbours. [Digital]
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Abstract or Description
This idea paper examines two doctrinal hurdles to holding witnesses accountable for providing false evidence under the Irish tort of maliciously abusing the process of the court. The first stems from the tort’s requirement that the primary litigation should have been instituted or maintained without reasonable belief in its chances of success. As witnesses are not expected to consider the chances of the action’s success, this requirement would need to be suitably modified. The second is grounded in principles of witness immunity, grounded in the idea that witnesses owe duties to courts and not to individual litigants. Emerging case law on expert witness liability, as well as a broader understanding of relationality, I argue, may help us overcome this problem, and pave a path forward.
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Item Type: |
Digital |
| Departments, Centres and Research Units: |
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| Date: |
22 August 2025 |
| Item ID: |
39433 |
| Date Deposited: |
22 Aug 2025 14:28 |
| Last Modified: |
22 Aug 2025 14:28 |
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URI: |
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