O'N -v- McD & Ors [2013] IEHC 135 (22 March 2013)

O'N -v- McD & Ors [2013] IEHC 135 (22 March 2013)

The plaintiff's claims against all moving defendants disclose no reasonable cause of action, are frivolous, vexatious, and constitute an abuse of process. Absolute privilege bars defamation claims arising from statements made in court proceedings. No duty of care is owed by legal professionals to the plaintiff as an opposing party. Claims for personal injuries cannot proceed without PIAB authorisation. The proceedings improperly seek to re-litigate matters already determined by the Circuit Court. Accordingly, the claims are struck out in their entirety against all moving defendants.

Citation
[2013] IEHC 135
Parties
Plaintiff: J. O'N.; Defendant: S. McD.; Defendant: P. F.; Defendant: J. K.; Defendant: C. M.; Defendant: E. D.; Defendant: R. L.; Defendant: M. C.; Defendant: A. K.
Jurisdiction
Ireland
Judgment Date
22 March 2013
Procedural Posture
Civil / Motion to Strike Out Pleadings
Outcome
claims struck out
Legal Topics
Striking Out Pleadings, Absolute Privilege, Abuse of Process, Misfeasance in Public Office, Personal Injuries, Injunctions
Civil Procedure Family Law Defamation Striking Out Pleadings Absolute Privilege Abuse of Process Misfeasance in Public Office Personal Injuries +1 more

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Parties

J. O'N.

Plaintiff

S. McD.

Defendant

P. F.

Defendant

J. K.

Defendant

C. M.

Defendant

E. D.

Defendant

R. L.

Defendant

M. C.

Defendant

A. K.

Defendant

Procedural Posture

Civil / Motion to Strike Out Pleadings

Legal Issues

  1. 1 Whether the plaintiff's claims disclose a reasonable cause of action against each defendant
  2. 2 Whether the claims are frivolous, vexatious, or an abuse of process
  3. 3 Whether absolute privilege applies to statements made in court proceedings

Ratio Decidendi

The plaintiff's claims against all moving defendants disclose no reasonable cause of action, are frivolous, vexatious, and constitute an abuse of process. Absolute privilege bars defamation claims arising from statements made in court proceedings. No duty of care is owed by legal professionals to the plaintiff as an opposing party. Claims for personal injuries cannot proceed without PIAB authorisation. The proceedings improperly seek to re-litigate matters already determined by the Circuit Court. Accordingly, the claims are struck out in their entirety against all moving defendants.

Court Disposition

claims struck out

Orders

  • Plaintiff's claims against all moving defendants are struck out in their entirety for failing to disclose a reasonable cause of action, being frivolous, vexatious, and an abuse of process.