Smith -v- McCarthy & Ors [2017] IECA 167 (17 May 2017)

Smith -v- McCarthy & Ors [2017] IECA 167 (17 May 2017)

The proceedings are abusive and unsustainable as they seek to re-litigate issues already decided, the plaintiff lacks standing to pursue claims against the defendants, no duty of care is owed by Mr. Collins to the plaintiff, and the claims of fraud and statutory breach are unparticularised and not maintainable.

Citation
[2017] IECA 167
Parties
Plaintiff / Appellant: Jane Smith; Defendant / Respondent: Shane McCarthy; Defendant / Respondent: ACC Loan Management Limited; Defendant / Respondent: Michael Collins & Company Solicitors; Defendant / Respondent: James Smith
Jurisdiction
Ireland
Judgment Date
17 May 2017
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed; proceedings struck out.
Legal Topics
Abuse of Process, Duty of Care, Fraud, Standing, Estoppel
Civil Procedure Property Law Professional Negligence Abuse of Process Duty of Care Fraud Standing Estoppel

Case Brief

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Parties

Jane Smith

Plaintiff / Appellant

Shane McCarthy

Defendant / Respondent

ACC Loan Management Limited

Defendant / Respondent

Michael Collins & Company Solicitors

Defendant / Respondent

James Smith

Defendant / Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the proceedings are abusive and unsustainable
  2. 2 Whether the plaintiff has locus standi to pursue claims against the defendants
  3. 3 Whether Mr. Collins owed the plaintiff a duty of care

Ratio Decidendi

The proceedings are abusive and unsustainable as they seek to re-litigate issues already decided, the plaintiff lacks standing to pursue claims against the defendants, no duty of care is owed by Mr. Collins to the plaintiff, and the claims of fraud and statutory breach are unparticularised and not maintainable.

Court Disposition

Appeal dismissed; proceedings struck out.

Orders

  • Proceedings against all defendants struck out as abusive and unsustainable.
  • No locus standi for plaintiff to pursue professional negligence or fraud claims.