Ewing v. Kelly [2001] IESC 86 (31 October 2001)

Ewing v. Kelly [2001] IESC 86 (31 October 2001)

The plaintiff's attempt to reopen the land dispute is barred by the principle of finality of judgments and res judicata, as the issue was conclusively determined in prior proceedings. No justiciable claim of negligence or breach of contract was pleaded against the solicitors or the Law Society. The proceedings are an abuse of process and were rightly struck out.

Citation
[2001] IESC 86
Parties
Plaintiff/appellant: Robert Ewing; Defendant/respondent: Anthony Kelly; Defendant/respondent: CP Crowley & Co.; Defendant/respondent: Egan O'Reilly & Co.; Defendant/respondent: Burke & Co.; Defendant/respondent: The Law Society of Ireland
Jurisdiction
Ireland
Judgment Date
31 October 2001
Procedural Posture
Appeal / Judgment on Appeal From High Court Order Striking Out Proceedings
Outcome
Appeal dismissed
Legal Topics
Res Judicata, Negligence, Fraud, Abuse of Process, Right of Way, Contract Validity
Property Law Civil Procedure Res Judicata Negligence Fraud Abuse of Process Right of Way Contract Validity

Case Brief

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Parties

Robert Ewing

Plaintiff/appellant

Anthony Kelly

Defendant/respondent

CP Crowley & Co.

Defendant/respondent

Egan O'Reilly & Co.

Defendant/respondent

Burke & Co.

Defendant/respondent

The Law Society of Ireland

Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal From High Court Order Striking Out Proceedings

Legal Issues

  1. 1 Whether the plaintiff can reopen a land dispute conclusively determined in prior proceedings
  2. 2 Whether claims of negligence and fraud against solicitors and the Law Society are justiciable
  3. 3 Whether the proceedings constitute an abuse of process

Ratio Decidendi

The plaintiff's attempt to reopen the land dispute is barred by the principle of finality of judgments and res judicata, as the issue was conclusively determined in prior proceedings. No justiciable claim of negligence or breach of contract was pleaded against the solicitors or the Law Society. The proceedings are an abuse of process and were rightly struck out.

Court Disposition

Appeal dismissed

Orders

  • Order of High Court Judge affirmed
  • Proceedings against first six named defendants struck out