Riordan v. Hamilton [2000] IEHC 189 (26th June, 2000)

Riordan v. Hamilton [2000] IEHC 189 (26th June, 2000)

The plaintiff's claim is an abuse of process and discloses no reasonable cause of action or prospect of success, as the matters have already been litigated and there is no new issue. The pleadings contain scandalous and unnecessary allegations and should be struck out. The plaintiff is restrained from issuing further proceedings against the defendants or judges without leave of court.

Citation
[2000] IEHC 189
Parties
Plaintiff: Mr Riordan; Defendant: Defendants
Jurisdiction
Ireland
Procedural Posture
Notice of Motion / Ruling on Motion to Strike Out Claim
Outcome
Plaintiff's claim struck out; plaintiff restrained from further proceedings without leave; pleadings struck from the record; costs awarded to defendants.
Legal Topics
Abuse of Process, Striking Out Pleadings, Frivolous or Vexatious Proceedings, Costs
Civil Procedure Abuse of Process Striking Out Pleadings Frivolous or Vexatious Proceedings Costs

Case Brief

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Parties

Mr Riordan

Plaintiff

Defendants

Defendant

Procedural Posture

Notice of Motion / Ruling on Motion to Strike Out Claim

Legal Issues

  1. 1 Whether the plaintiff's claim constitutes an abuse of process
  2. 2 Whether the claim discloses no reasonable cause of action or has no reasonable prospect of success
  3. 3 Whether the plaintiff should be restrained from issuing further proceedings against the defendants or judges without leave of court

Ratio Decidendi

The plaintiff's claim is an abuse of process and discloses no reasonable cause of action or prospect of success, as the matters have already been litigated and there is no new issue. The pleadings contain scandalous and unnecessary allegations and should be struck out. The plaintiff is restrained from issuing further proceedings against the defendants or judges without leave of court.

Court Disposition

Plaintiff's claim struck out; plaintiff restrained from further proceedings without leave; pleadings struck from the record; costs awarded to defendants.

Orders

  • Order striking out the plaintiff's claim as an abuse of process and for disclosing no reasonable cause of action or prospect of success.
  • Order restraining the plaintiff from issuing further proceedings against the defendants or any judge of the Supreme Court or High Court without leave of court.