Ryan -v- KBC Bank Ireland Plc [2015] IEHC 194 (12 January 2015)

Ryan -v- KBC Bank Ireland Plc [2015] IEHC 194 (12 January 2015)

The plaintiff's claims are either an abuse of process under the rule in Henderson v. Henderson, statute barred, or disclose no reasonable cause of action against the Bank. The repeated litigation on the same issues, the lack of any new material facts, and the legal position regarding the agency of the receiver and the limitation period mean the claims are bound to fail. The proceedings are vexatious and frivolous, and should be struck out.

Citation
[2015] IEHC 194
Parties
Plaintiff: Cornelius Ryan; Defendant: KBC Bank Ireland Plc
Jurisdiction
Ireland
Judgment Date
12 January 2015
Procedural Posture
High Court Plenary Proceedings (application to Strike Out) / Ruling on Defendant's Motion to Strike Out Plaintiff's Claim
Outcome
Plaintiff's proceedings struck out as an abuse of process, vexatious, frivolous, and/or disclosing no reasonable cause of action; certain claims also found statute barred.
Legal Topics
Abuse of Process, Vexatious Litigation, Statute of Limitations, Receivership, Trademark Infringement, Harassment, Res Judicata, Agency of Receiver
Civil Procedure Banking Law Property Law Intellectual Property Abuse of Process Vexatious Litigation Statute of Limitations Receivership +4 more

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Parties

Cornelius Ryan

Plaintiff

KBC Bank Ireland Plc

Defendant

Procedural Posture

High Court Plenary Proceedings (application to Strike Out) / Ruling on Defendant's Motion to Strike Out Plaintiff's Claim

Legal Issues

  1. 1 Whether the plaintiff's proceedings are vexatious, frivolous, an abuse of process, or disclose no reasonable cause of action
  2. 2 Whether the claims are statute barred
  3. 3 Whether the claims against the Bank regarding the receiver's actions are maintainable

Ratio Decidendi

The plaintiff's claims are either an abuse of process under the rule in Henderson v. Henderson, statute barred, or disclose no reasonable cause of action against the Bank. The repeated litigation on the same issues, the lack of any new material facts, and the legal position regarding the agency of the receiver and the limitation period mean the claims are bound to fail. The proceedings are vexatious and frivolous, and should be struck out.

Court Disposition

Plaintiff's proceedings struck out as an abuse of process, vexatious, frivolous, and/or disclosing no reasonable cause of action; certain claims also found statute barred.

Orders

  • Plaintiff's proceedings against KBC Bank Ireland Plc struck out in their entirety.
  • Costs awarded against the plaintiff.