Claim over alleged unlawful incarceration for failure to pay debt is struck out

The High Court has struck out a damages claim brought by a man who was imprisoned in Mountjoy prison over Christmas 2007 for non-payment of debts. Mr Justice Bernard Barton dismissed the action taken by Gerard Martin Fulham, arising from his eight-day incarceration in December that year, finding it vexatious, frivolous and bound to fail. Mr Fulham had owed €14,000 to building supplier Chadwicks and €4,100 to advertising firm Independent Communications Ltd, and was jailed following District Court proceedings for breaching instalment orders. He sought damages from both firms and the State, claiming his constitutional rights were breached. However, the judge found that Mr Fulham had failed to challenge the lawfulness of his incarceration at the time or pursue judicial review within required timeframes. Consequently, he could not rely on a 2009 High Court ruling that had found imprisonment for debt breached constitutional rights. The matter will return to court in the new year to address outstanding issues.