O'Reilly -v- Hallihan [2012] IEHC 509 (10 December 2012)

O'Reilly -v- Hallihan [2012] IEHC 509 (10 December 2012)

Insisting on personal service of pleadings and correspondence on a defendant who has entered an appearance through a solicitor is an abuse of process and inconsistent with the defendant’s right to legal representation; all such service must be through the solicitor on record.

Citation
[2012] IEHC 509
Parties
Plaintiff: Michael O’Reilly; Defendant: Maria Hallihan
Jurisdiction
Ireland
Judgment Date
10 December 2012
Procedural Posture
Civil / Interlocutory Application
Outcome
Application granted
Legal Topics
Service of Pleadings, Right to Legal Representation, Abuse of Process
Civil Procedure Service of Pleadings Right to Legal Representation Abuse of Process

Case Brief

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Parties

Michael O’Reilly

Plaintiff

Maria Hallihan

Defendant

Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 Whether a plaintiff may serve pleadings and correspondence personally on a defendant who has entered an appearance through a solicitor
  2. 2 Whether such conduct constitutes an abuse of process

Ratio Decidendi

Insisting on personal service of pleadings and correspondence on a defendant who has entered an appearance through a solicitor is an abuse of process and inconsistent with the defendant’s right to legal representation; all such service must be through the solicitor on record.

Court Disposition

Application granted

Orders

  • Plaintiff is directed to serve all further correspondence and pleadings on the defendant’s solicitor on record and not on the defendant personally, for as long as the solicitor remains on record with a compliant address for service.