C v Ireland & Ors (Approved) [2023] IEHC 290 (16 May 2023)

C v Ireland & Ors (Approved) [2023] IEHC 290 (16 May 2023)

The plaintiff's proceedings are an abuse of process, are res judicata, and/or contrary to the rule in Henderson v. Henderson, as the issues have already been determined or could have been raised in prior proceedings. The pleadings disclose no reasonable cause of action and are frivolous and vexatious. The Data Protection Commissioner was improperly joined, as the plaintiff has statutory remedies elsewhere. The applications for injunctions are dismissed for want of prosecution and lack of merit. Discontinuance is granted against certain defendants without conditions.

Citation
[2023] IEHC 290
Parties
Plaintiff: C; Defendant: Ireland; Defendant: The Attorney General; Defendant: The Property Registration Authority; Defendant: Bank of Ireland Mortgage Bank; Defendant: The Governor and Company of the Bank of Ireland; Defendant: The Dublin City Sheriff; Defendant: Thomas Gray; Defendant: Douglas Newman Good; Defendant: Simon Coyle; Defendant: The Data Protection Commissioner
Jurisdiction
Ireland
Judgment Date
16 May 2023
Procedural Posture
High Court Civil Proceedings (two Sets: Plenary Actions) / Ruling on Multiple Interlocutory Motions: Injunctions, Strike Out Applications, Discontinuance
Outcome
Plaintiff's applications for injunctions dismissed; proceedings struck out against certain defendants; proceedings discontinued against others; costs reserved.
Legal Topics
Abuse of Process, Res Judicata, Henderson V. Henderson Rule, Mortgage Enforcement, Personal Injuries, Data Protection Registration, Injunctions, Discontinuance of Proceedings
Civil Procedure Property Law Banking Law Data Protection Abuse of Process Res Judicata Henderson V. Henderson Rule Mortgage Enforcement +4 more

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 6 Authorities cited 21 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

C

Plaintiff

Ireland

Defendant

The Attorney General

Defendant

The Property Registration Authority

Defendant

Bank of Ireland Mortgage Bank

Defendant

The Governor and Company of the Bank of Ireland

Defendant

The Dublin City Sheriff

Defendant

Thomas Gray

Defendant

Douglas Newman Good

Defendant

Simon Coyle

Defendant

The Data Protection Commissioner

Defendant

Procedural Posture

High Court Civil Proceedings (two Sets: Plenary Actions) / Ruling on Multiple Interlocutory Motions: Injunctions, Strike Out Applications, Discontinuance

Legal Issues

  1. 1 Whether the plaintiff's claims are an abuse of process, res judicata, or contrary to the rule in Henderson v. Henderson
  2. 2 Whether the plaintiff's pleadings disclose any reasonable cause of action
  3. 3 Whether the plaintiff is entitled to injunctive relief

Ratio Decidendi

The plaintiff's proceedings are an abuse of process, are res judicata, and/or contrary to the rule in Henderson v. Henderson, as the issues have already been determined or could have been raised in prior proceedings. The pleadings disclose no reasonable cause of action and are frivolous and vexatious. The Data Protection Commissioner was improperly joined, as the plaintiff has statutory remedies elsewhere. The applications for injunctions are dismissed for want of prosecution and lack of merit. Discontinuance is granted against certain defendants without conditions.

Court Disposition

Plaintiff's applications for injunctions dismissed; proceedings struck out against certain defendants; proceedings discontinued against others; costs reserved.

Orders

  • Strike out plaintiff’s application for injunction in both proceedings
  • Strike out plaintiff’s case against Bank of Ireland Mortgage Bank, Governor and Company of the Bank of Ireland, Douglas Newman Good, Dublin City Sheriff, Thomas Gray in first proceedings