Barrett t/a Corporate Recovery Services v Beglan & Anor [2007] IEHC 188 (14 June 2007)

Barrett t/a Corporate Recovery Services v Beglan & Anor [2007] IEHC 188 (14 June 2007)

The proceedings disclose no reasonable cause of action, are in part vexatious and an abuse of process, and the reliefs sought are not available on the facts pleaded. The plaintiff has not properly pleaded a claim for a liquidated sum, and the claims for specific performance and a judgment mortgage are misconceived.

Citation
[2007] IEHC 188
Parties
Plaintiff: Martyn Barrett, trading as Corporate Recovery Services; First Defendant: Michael Beglan; Second Defendant: ERT Foundation Limited
Jurisdiction
Ireland
Judgment Date
14 June 2007
Procedural Posture
High Court Civil Proceedings (plenary Summons) / Application to Strike Out Proceedings
Outcome
Proceedings dismissed
Legal Topics
Abuse of Process, Specific Performance, Loan Agreements, Security for Loans, Striking Out Pleadings
Civil Procedure Contract Law Abuse of Process Specific Performance Loan Agreements Security for Loans Striking Out Pleadings

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Parties

Martyn Barrett, trading as Corporate Recovery Services

Plaintiff

Michael Beglan

First Defendant

ERT Foundation Limited

Second Defendant

Procedural Posture

High Court Civil Proceedings (plenary Summons) / Application to Strike Out Proceedings

Legal Issues

  1. 1 Whether the plaintiff's proceedings disclose a reasonable cause of action
  2. 2 Whether the proceedings are frivolous, vexatious, or an abuse of process
  3. 3 Whether the plaintiff is entitled to specific performance or a judgment mortgage

Ratio Decidendi

The proceedings disclose no reasonable cause of action, are in part vexatious and an abuse of process, and the reliefs sought are not available on the facts pleaded. The plaintiff has not properly pleaded a claim for a liquidated sum, and the claims for specific performance and a judgment mortgage are misconceived.

Court Disposition

Proceedings dismissed

Orders

  • The proceedings are dismissed as disclosing no reasonable cause of action and as being in part vexatious.