Dolan -v- Culloo & Loughrey, Loughrey -v- Dolan, Dolan -v- Culloo & anor, Loughrey -v- McCloughan Gunn & Co., [2016] IESC 29 (02 June 2016)

Dolan -v- Culloo & Loughrey, Loughrey -v- Dolan, Dolan -v- Culloo & anor, Loughrey -v- McCloughan Gunn & Co., [2016] IESC 29 (02 June 2016)

The Supreme Court held that the High Court orders setting aside the citations and striking out the special summons proceedings were correct. The claims brought by Brendan Loughrey were vexatious, disclosed no reasonable cause of action, and constituted an abuse of process. The requests for jury trial were misconceived, and the refusal to award costs to Ms. Dolan was within the trial judge's discretion. The appeals were dismissed in their entirety.

Citation
[2016] IESC 29
Parties
Plaintiff/respondent/defendant: Cathleen Dolan; Defendant: Mary Culloo; Defendant/appellant/plaintiff: Brendan Loughrey; Defendant: McCloughan Gunn & Co.; Beneficiary/notice Party: Leo Campbell; Beneficiary/notice Party: Michael Campbell (deceased)
Jurisdiction
Ireland
Judgment Date
02 June 2016
Procedural Posture
Appeal (multiple, Consolidated) / Supreme Court Judgment on Appeals From High Court Orders
Outcome
Appeal dismissed
Legal Topics
Administration of Estates, Vexatious Litigation, Costs, Removal of Administrator, Abuse of Process, Jury Trial in Succession Proceedings
Succession Law Civil Procedure Administration of Estates Vexatious Litigation Costs Removal of Administrator Abuse of Process Jury Trial in Succession Proceedings

Case Brief

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Parties

Cathleen Dolan

Plaintiff/respondent/defendant

Mary Culloo

Defendant

Brendan Loughrey

Defendant/appellant/plaintiff

McCloughan Gunn & Co.

Defendant

Leo Campbell

Beneficiary/notice Party

Michael Campbell (deceased)

Beneficiary/notice Party

Procedural Posture

Appeal (multiple, Consolidated) / Supreme Court Judgment on Appeals From High Court Orders

Legal Issues

  1. 1 Whether the High Court erred in setting aside citations for removal of administrator
  2. 2 Whether proceedings against administrator and former solicitors were vexatious and/or an abuse of process
  3. 3 Whether the applicant was entitled to a jury trial under the Succession Act 1965

Ratio Decidendi

The Supreme Court held that the High Court orders setting aside the citations and striking out the special summons proceedings were correct. The claims brought by Brendan Loughrey were vexatious, disclosed no reasonable cause of action, and constituted an abuse of process. The requests for jury trial were misconceived, and the refusal to award costs to Ms. Dolan was within the trial judge's discretion. The appeals were dismissed in their entirety.

Court Disposition

Appeal dismissed

Orders

  • Appeals by Brendan Loughrey dismissed
  • Appeal by Cathleen Dolan on costs dismissed