Hosford v Ireland & Ors (Approved) [2021] IEHC 133 (03 March 2021)

Hosford v Ireland & Ors (Approved) [2021] IEHC 133 (03 March 2021)

The proceedings were struck out as irregular in form and an abuse of process because the applicant bypassed mandatory judicial review procedures, attempted to relitigate issues already determined (res judicata), and sought declarations (including on locus standi) that disclosed no reasonable cause of action.

Citation
[2021] IEHC 133
Parties
Applicant: Pascal Hosford; Respondent: Ireland; Respondent: The Attorney General; Respondent: Minister for Social Protection; Respondent: Minister for Public Expenditure and Reform; Respondent: Minister for Business Enterprise and Innovation
Jurisdiction
Ireland
Judgment Date
03 March 2021
Procedural Posture
Motion to Strike Out Proceedings / High Court Judgment on Application to Dismiss/strike Out
Outcome
Proceedings dismissed as irregular in form and an abuse of process
Legal Topics
Abuse of Process, Res Judicata, Procedural Irregularity, Locus Standi, Judicial Review, Declaratory Relief
Civil Procedure Employment Law Constitutional Law Administrative Law Abuse of Process Res Judicata Procedural Irregularity Locus Standi +2 more

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Parties

Pascal Hosford

Applicant

Ireland

Respondent

The Attorney General

Respondent

Minister for Social Protection

Respondent

Minister for Public Expenditure and Reform

Respondent

Minister for Business Enterprise and Innovation

Respondent

Procedural Posture

Motion to Strike Out Proceedings / High Court Judgment on Application to Dismiss/strike Out

Legal Issues

  1. 1 Whether the proceedings are irregular in form and constitute an abuse of process
  2. 2 Whether the applicant is attempting to relitigate matters already determined (res judicata)
  3. 3 Whether the applicant discloses any reasonable cause of action, particularly regarding locus standi

Ratio Decidendi

The proceedings were struck out as irregular in form and an abuse of process because the applicant bypassed mandatory judicial review procedures, attempted to relitigate issues already determined (res judicata), and sought declarations (including on locus standi) that disclosed no reasonable cause of action.

Court Disposition

Proceedings dismissed as irregular in form and an abuse of process

Orders

  • Proceedings dismissed in entirety
  • Provisional order for costs in favour of respondents, subject to further submissions within 14 days if contested