Murray & Anor -v- Fitzgerald & Ors [2012] IEHC 20 (18 January 2012)

Murray & Anor -v- Fitzgerald & Ors [2012] IEHC 20 (18 January 2012)

The proceedings were improperly conducted, caused substantial financial loss to defendants, and exhibited a cumulative pattern of abuse of process. The court exercised its inherent jurisdiction to strike out the claim as vexatious and an abuse of process.

Citation
[2012] IEHC 20
Parties
Plaintiff: Donall Murray; Plaintiff: Air Ambulance Services Ltd.; Defendant: Sandra Fitzgerald; Defendant: Ireland; Defendant: The Attorney General
Jurisdiction
Ireland
Judgment Date
18 January 2012
Procedural Posture
High Court Plenary Civil Action / Motion to Strike Out Proceedings
Outcome
Proceedings struck out
Legal Topics
Malicious Prosecution, Conspiracy, Abuse of Process, Frivolous and Vexatious Proceedings, Costs
Civil Procedure Tort Law Malicious Prosecution Conspiracy Abuse of Process Frivolous and Vexatious Proceedings Costs

Case Brief

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Parties

Donall Murray

Plaintiff

Air Ambulance Services Ltd.

Plaintiff

Sandra Fitzgerald

Defendant

Ireland

Defendant

The Attorney General

Defendant

Procedural Posture

High Court Plenary Civil Action / Motion to Strike Out Proceedings

Legal Issues

  1. 1 Whether the plaintiff's claim should be struck out as frivolous and vexatious
  2. 2 Whether the proceedings constitute an abuse of process
  3. 3 Whether the maintenance of the claim should be stayed pending payment of costs

Ratio Decidendi

The proceedings were improperly conducted, caused substantial financial loss to defendants, and exhibited a cumulative pattern of abuse of process. The court exercised its inherent jurisdiction to strike out the claim as vexatious and an abuse of process.

Court Disposition

Proceedings struck out

Orders

  • Proceedings struck out pursuant to inherent jurisdiction of the court
  • Plaintiff to pay defendants' costs of the trial to be taxed in default of agreement