Riordan v. Hamilton [2002] IESC 65 (09 October 2002)

Riordan v. Hamilton [2002] IESC 65 (09 October 2002)

The plaintiff's attempt to relitigate issues already finally determined by the Supreme Court is an abuse of process, discloses no reasonable cause of action, and is both frivolous and vexatious. The High Court was correct to strike out the claim, restrain further similar proceedings without leave, and strike out scandalous pleadings.

Citation
[2002] IESC 65
Parties
Plaintiff: Denis Riordan; Defendant: Mr Justice Liam Hamilton, Chief Justice; Defendant: Mr Justice Donal Barrington; Defendant: Mr Justice Henry Barron; Defendant: Mr Justice Kevin Lynch; Defendant: Mrs Justice Susan Denham; Defendant: Mr Justice Francis Murphy; Defendant: Mr Justice Ronan Keane; Defendant: Mr Justice Hugh O'Flaherty
Jurisdiction
Ireland
Judgment Date
09 October 2002
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court Order Striking Out Claim
Outcome
Appeal dismissed
Legal Topics
Abuse of Process, Res Judicata, Striking Out Pleadings, Vexatious Litigation, Judicial Immunity
Civil Procedure Constitutional Law Abuse of Process Res Judicata Striking Out Pleadings Vexatious Litigation Judicial Immunity

Case Brief

Summary, issues, holding and outcome

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Parties

Denis Riordan

Plaintiff

Mr Justice Liam Hamilton, Chief Justice

Defendant

Mr Justice Donal Barrington

Defendant

Mr Justice Henry Barron

Defendant

Mr Justice Kevin Lynch

Defendant

Mrs Justice Susan Denham

Defendant

Mr Justice Francis Murphy

Defendant

Mr Justice Ronan Keane

Defendant

Mr Justice Hugh O'Flaherty

Defendant

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court Order Striking Out Claim

Legal Issues

  1. 1 Whether the plaintiff can relitigate issues already finally determined by the Supreme Court
  2. 2 Whether the plaintiff's claim discloses any reasonable cause of action
  3. 3 Whether the proceedings constitute an abuse of process

Ratio Decidendi

The plaintiff's attempt to relitigate issues already finally determined by the Supreme Court is an abuse of process, discloses no reasonable cause of action, and is both frivolous and vexatious. The High Court was correct to strike out the claim, restrain further similar proceedings without leave, and strike out scandalous pleadings.

Court Disposition

Appeal dismissed

Orders

  • Plaintiff's appeal dismissed
  • Defendants' description in the title to be amended as per the judgment