Mulrooney v Looney & anor (Unapproved) [2020] IECA 203 (27 July 2020)

Mulrooney v Looney & anor (Unapproved) [2020] IECA 203 (27 July 2020)

The plaintiff is precluded from maintaining proceedings against FSNI as the claim is entirely predicated on the allegation of unlawful alteration of the lease, an issue already settled in prior litigation. Any amendment to plead misfeasance in public office or breach of ECHR rights would still be bound up with the settled issue and would constitute an abuse of process. Alleged errors of fact in prior judgments do not alter the binding effect of the settlement. The proceedings are an abuse of process and must be dismissed.

Citation
[2020] IECA 203
Parties
Plaintiff/appellant: William Mulrooney; First Named Defendant: Brendan J. Looney formerly practising under title and style of Brendan J. Looney Solicitors; Second Named Defendant/respondent: Forensic Science Northern Ireland (FSNI)
Jurisdiction
Ireland
Judgment Date
27 July 2020
Procedural Posture
Appeal From High Court Order Dismissing Proceedings as Abuse of Process / Judgment on Appeal
Outcome
Appeal dismissed; High Court order affirmed
Legal Topics
Abuse of Process, Res Judicata, Negligence, Misfeasance in Public Office, Fraud, Amendment of Pleadings
Civil Procedure Tort Law Abuse of Process Res Judicata Negligence Misfeasance in Public Office Fraud Amendment of Pleadings

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Parties

William Mulrooney

Plaintiff/appellant

Brendan J. Looney formerly practising under title and style of Brendan J. Looney Solicitors

First Named Defendant

Forensic Science Northern Ireland (FSNI)

Second Named Defendant/respondent

Procedural Posture

Appeal From High Court Order Dismissing Proceedings as Abuse of Process / Judgment on Appeal

Legal Issues

  1. 1 Whether the proceedings against FSNI constitute an abuse of process due to prior settlements and litigation
  2. 2 Whether the plaintiff is precluded from re-litigating the issue of alleged unlawful alteration of a lease
  3. 3 Whether the proceedings could be saved by amendment to plead misfeasance in public office or breach of ECHR rights

Ratio Decidendi

The plaintiff is precluded from maintaining proceedings against FSNI as the claim is entirely predicated on the allegation of unlawful alteration of the lease, an issue already settled in prior litigation. Any amendment to plead misfeasance in public office or breach of ECHR rights would still be bound up with the settled issue and would constitute an abuse of process. Alleged errors of fact in prior judgments do not alter the binding effect of the settlement. The proceedings are an abuse of process and must be dismissed.

Court Disposition

Appeal dismissed; High Court order affirmed

Orders

  • Proceedings against FSNI dismissed as an abuse of process
  • No order as to costs specified in the provided text