The High Court has struck out the majority of a £3 million civil claim brought by Ian Kirk against the Chief Constable and the Attorney General, ruling it an “abuse of process” and statute-barred.
First Deemster Corlett dismissed 22 of the 27 individual statements of case but allowed the others, including allegations of harassment, to proceed.
These included allegations of unlawful arrest, false imprisonment, misfeasance, defamation, and breaches of the Human Rights Act 2001, relating to Mr Kirk’s arrest under Covid-19 regulations on Laxey beach in March 2021 and his subsequent acquittal in 2022.
The Deemster found the core claims constituted a “collateral attack” on the findings of Her Worship the High Bailiff, who presided over the criminal trial.
He stated, “any allegations brought in these civil proceedings by Mr Kirk which seek to undermine or have the effect of undermining or challenging the High Bailiff’s findings must be struck out”.
The court also refused extensions of the statutory limitation periods for Human Rights Act and defamation claims, stating Mr Kirk had not satisfied the burden for the “very late commencement” of proceedings.
The separate claim for misfeasance in public office was struck out for inadequate pleading.
However, three claims were allowed to proceed, namely his allegations of harassment post-acquittal, and violations of medical privacy and data protection at Police Headquarters.
Vicarious liability claims against the defendants (18 and 27) also survive as elements of the pleading.