Gallagher -v- McGlynn [2016] IESC 21 (10 May 2016)

Gallagher -v- McGlynn [2016] IESC 21 (10 May 2016)

The appellants have no locus standi as they are neither beneficiaries under the will nor on intestacy, and the issues raised have already been determined in previous litigation. The proceedings are therefore vexatious and must be dismissed.

Citation
[2016] IESC 21
Parties
Plaintiff/appellant: Daniel Gallagher; Plaintiff/appellant: Elva Gallagher; Defendant/respondent: Sean McGlynn; Defendant/respondent: Catherine McGlynn
Jurisdiction
Ireland
Judgment Date
10 May 2016
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Dismissal
Outcome
Appeal dismissed
Legal Topics
Locus Standi, Vexatious Proceedings, Probate, Intestacy, Res Judicata
Succession Law Civil Procedure Locus Standi Vexatious Proceedings Probate Intestacy Res Judicata

Case Brief

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Parties

Daniel Gallagher

Plaintiff/appellant

Elva Gallagher

Plaintiff/appellant

Sean McGlynn

Defendant/respondent

Catherine McGlynn

Defendant/respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Dismissal

Legal Issues

  1. 1 Whether the appellants have locus standi to challenge the administration of the estate of Madge Friel
  2. 2 Whether the proceedings are vexatious and an abuse of process

Ratio Decidendi

The appellants have no locus standi as they are neither beneficiaries under the will nor on intestacy, and the issues raised have already been determined in previous litigation. The proceedings are therefore vexatious and must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appellants' claim dismissed
  • Appellants to pay respondents' costs when taxed and ascertained