Goodbody Company Ltd and Others v Limerick Corporation and Another

• Jurisdiction: Ireland
• Judgment Date: 01 January 1965
• Date: 01 January 1965
• Court: Circuit Court

(Cir. Ct.)

Goodbody & Co. Ltd. and Others

and

Limerick Corporation and Another

Degree of proof required by applicants under Criminal Injury Code -Meaning of "unlawfully assembled" - Malicious Injuries (Ir.) Act, 1853, s. 1.

On the night of the 17th September, 1961, two persons were seen leaving the factory premises of the first named applicants and about fifteen minutes later the premises were seen to be afire which fire destroyed the premises of the three applicants. These two persons were subsequently convicted of breaking and entering the said premises but were acquitted of arson. In proceedings by the applicants against the respondents under the Malicious Injuries Code the respondents contended that in a malicious injury application the applicants were required to prove their case according to the standard applying in a criminal case —beyond all reasonable doubt; and that there must be at least three persons assembled to enable s. 1 of the Malicious Injuries (Ir.) Act, 1853, to operate. Held, 1, that claims under the Malicious Injuries Code are to be decided, as are most issues in civil cases, on the preponderance of probability and that there is not an onus upon the applicant to satisfy the Court beyond reasonable doubt as is required in criminal cases. Artificial Coal Company and Hamon v. Minister for FinanceIR [1928] I.R. 238; Crowe v. Tipperary County CouncilIR [1928] I.R. 255; Dinan Dowdall Ltd. v. Dublin CorporationIR[1954] I.R. 230; Morrison v. Dublin...