Sheehan & Anor v Link Asset Services & Anor (Approved) [2020] IEHC 229 (06 March 2020)

Sheehan & Anor v Link Asset Services & Anor (Approved) [2020] IEHC 229 (06 March 2020)

The proceedings were dismissed as they constituted an abuse of process, were frivolous and vexatious, bound to fail, and no cause of action was identified.

Citation
[2020] IEHC 229
Parties
Plaintiff: Michelle Sheehan; Plaintiff: Eamon J. O’Neill; Defendant: Link Asset Services; Defendant: Mason Hayes and Curran
Jurisdiction
Ireland
Judgment Date
06 March 2020
Procedural Posture
Plenary Proceedings / Motion to Dismiss
Outcome
dismissed
Legal Topics
Abuse of Process, Frivolous and Vexatious Proceedings, Access to Courts, Damages for Mental Distress
Civil Procedure Abuse of Process Frivolous and Vexatious Proceedings Access to Courts Damages for Mental Distress

Case Brief

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Parties

Michelle Sheehan

Plaintiff

Eamon J. O’Neill

Plaintiff

Link Asset Services

Defendant

Mason Hayes and Curran

Defendant

Procedural Posture

Plenary Proceedings / Motion to Dismiss

Legal Issues

  1. 1 Whether the proceedings are an abuse of process
  2. 2 Whether the proceedings are frivolous and vexatious
  3. 3 Whether the plaintiffs have identified a cause of action

Ratio Decidendi

The proceedings were dismissed as they constituted an abuse of process, were frivolous and vexatious, bound to fail, and no cause of action was identified.

Court Disposition

dismissed

Orders

  • Order granted dismissing the proceedings.
  • Court to consider further submissions regarding restraining orders against plaintiffs.