A Dublin man in receipt of social welfare payments was given leave at the High Court yesterday to challenge the constitutionality of the State's imposition of fees for taking High Court actions.
Mr Peter Murphy, a writer, of Mourne Road, Drimnagh, claims the fees in question are in breach of his constitutional right to access to the courts.
He said he had wished to take a High Court action for damages for his alleged unlawful imprisonment in Kilmainham Courthouse for five hours on May 29th 1997, but he could not do so because Statutory Instrument No 341 (1989) imposed a fee of £60 for filing the initiating legal document, he said. At that time he received a Carer's Allowance of £67.50 a week.
Since July 1998, Mr Murphy said he has wished to apply to the High Court for judgment in default of defence but could not because the fees for filing the necessary initial documents total led £17 and there was a likelihood of further fees.
Mr Justice O'Donovan said he would give Mr Murphy leave to seek a declaration that the relevant Sections were unconstitutional in circumstances where Mr Murphy was impoverished and the imposition of court fees under the Sections prevented him from progressing a claim for damages.
