Gaultier & Anor v Reilly & Anor (No. 3) (Approved) [2024] IEHC 226 (08 April 2024)

Gaultier & Anor v Reilly & Anor (No. 3) (Approved) [2024] IEHC 226 (08 April 2024)

The plaintiffs' claims disclose no reasonable cause of action, are bound to fail, stand no reasonable chance of success, and amount to an abuse of process. The plaintiffs lack locus standi, and the company cannot be represented by Mr. Gaultier. The proceedings are struck out in full against both defendants.

Source-derived case information.

Citation
[2024] IEHC 226
Parties
Plaintiff: Arnaud Gaultier; Plaintiff: Sup Pliable Limited; Defendant: Mark Reilly; Defendant: Aine McGuigan
Jurisdiction
Ireland
Judgment Date
08 April 2024
Procedural Posture
Plenary / Motion to Strike Out
Outcome
claims struck out
Legal Topics
Strike Out Applications, Abuse of Process, Professional Negligence, Locus Standi, Representation of Companies
Civil Procedure Strike Out Applications Abuse of Process Professional Negligence Locus Standi Representation of Companies

Source-derived case record

Summary, issues, holding and outcome

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Parties

Arnaud Gaultier

Plaintiff

Sup Pliable Limited

Plaintiff

Mark Reilly

Defendant

Aine McGuigan

Defendant

Procedural Posture

Plenary / Motion to Strike Out

Legal Issues

  1. 1 Whether the plaintiffs' claims disclose a reasonable cause of action
  2. 2 Whether the claims are bound to fail or amount to an abuse of process
  3. 3 Whether the plaintiffs have locus standi to bring the claims

Ratio Decidendi

The plaintiffs' claims disclose no reasonable cause of action, are bound to fail, stand no reasonable chance of success, and amount to an abuse of process. The plaintiffs lack locus standi, and the company cannot be represented by Mr. Gaultier. The proceedings are struck out in full against both defendants.

Court Disposition

claims struck out

Orders

  • The proceedings of the first and second named plaintiffs against the first and second defendants are struck out in full.
  • The court will hear the parties further on the issue of costs.