Loughrey -v- Dolan [2012] IEHC 578 (30 November 2012)

Loughrey -v- Dolan [2012] IEHC 578 (30 November 2012)

The proceedings were struck out as vexatious and an abuse of process because they sought to relitigate issues already determined by the High Court, disclosed no reasonable cause of action, and were brought for an improper purpose, including harassment of the defendant. The plaintiff's claims were procedurally flawed and unsupported by particulars or evidence.

Citation
[2012] IEHC 578
Parties
Plaintiff: Brendan Loughrey; Defendant: Cathleen Dolan
Jurisdiction
Ireland
Judgment Date
30 November 2012
Procedural Posture
Special Summons (succession Act 1965) / Application to Strike Out Proceedings
Outcome
Plaintiff's proceedings dismissed as vexatious and an abuse of process; Isaac Wunder order granted.
Legal Topics
Vexatious Litigation, Abuse of Process, Administration of Estates, Isaac Wunder Order
Succession Law Civil Procedure Vexatious Litigation Abuse of Process Administration of Estates Isaac Wunder Order

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Brendan Loughrey

Plaintiff

Cathleen Dolan

Defendant

Procedural Posture

Special Summons (succession Act 1965) / Application to Strike Out Proceedings

Legal Issues

  1. 1 Whether the plaintiff's proceedings disclose a reasonable cause of action
  2. 2 Whether the proceedings are vexatious and/or an abuse of process
  3. 3 Whether an Isaac Wunder order should be made restraining further proceedings

Ratio Decidendi

The proceedings were struck out as vexatious and an abuse of process because they sought to relitigate issues already determined by the High Court, disclosed no reasonable cause of action, and were brought for an improper purpose, including harassment of the defendant. The plaintiff's claims were procedurally flawed and unsupported by particulars or evidence.

Court Disposition

Plaintiff's proceedings dismissed as vexatious and an abuse of process; Isaac Wunder order granted.

Orders

  • Proceedings dismissed.
  • Plaintiff restrained from instituting any proceedings against the defendant or in relation to the estate of the Intestate without leave of the Court.