Gleeson v Ireland & Ors (Approved) [2024] IEHC 415 (04 July 2024)

Gleeson v Ireland & Ors (Approved) [2024] IEHC 415 (04 July 2024)

Plaintiff's pleadings lack any factual basis for claims against Start Mortgages DAC and AB Wolfe Solicitors, consisting only of assertions and prayers for relief. No reasonable cause of action is disclosed. Claims constitute an impermissible collateral attack on prior Circuit Court orders and are an abuse of process. Proceedings are frivolous, vexatious, and bound to fail.

Citation
[2024] IEHC 415
Parties
Plaintiff: Pat Gleeson; Defendant: Ireland; Defendant: The Attorney General; Defendant: The Property Registration Authority; Defendant: Bank of Scotland PLC; Defendant: Start Mortgages Designated Activity Company; Defendant: The Data Protection Commissioner; Defendant: Townley Kingston Solicitors; Defendant: AB Wolfe Solicitors; Defendant: Arthur Cox Solicitors; Defendant: Eithne Coughlan
Jurisdiction
Ireland
Judgment Date
04 July 2024
Procedural Posture
Plenary Summons / Application to Strike Out Proceedings
Outcome
proceedings struck out
Legal Topics
Strike Out Application, Abuse of Process, Res Judicata, Collateral Attack, Pleading Requirements, Mortgage Possession, Cross Border Merger, Data Protection Breach
Civil Procedure Constitutional Law Data Protection Property Law Strike Out Application Abuse of Process Res Judicata Collateral Attack +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 21 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Pat Gleeson

Plaintiff

Ireland

Defendant

The Attorney General

Defendant

The Property Registration Authority

Defendant

Bank of Scotland PLC

Defendant

Start Mortgages Designated Activity Company

Defendant

The Data Protection Commissioner

Defendant

Townley Kingston Solicitors

Defendant

AB Wolfe Solicitors

Defendant

Arthur Cox Solicitors

Defendant

Eithne Coughlan

Defendant

Procedural Posture

Plenary Summons / Application to Strike Out Proceedings

Legal Issues

  1. 1 Whether the plaintiff's pleadings disclose a reasonable cause of action against Start Mortgages DAC and AB Wolfe Solicitors
  2. 2 Whether the proceedings are frivolous, vexatious, bound to fail, or an abuse of process
  3. 3 Whether the claims constitute a collateral attack on a final and binding court order

Ratio Decidendi

Plaintiff's pleadings lack any factual basis for claims against Start Mortgages DAC and AB Wolfe Solicitors, consisting only of assertions and prayers for relief. No reasonable cause of action is disclosed. Claims constitute an impermissible collateral attack on prior Circuit Court orders and are an abuse of process. Proceedings are frivolous, vexatious, and bound to fail.

Court Disposition

proceedings struck out

Orders

  • Plaintiff's claim against Start Mortgages DAC and AB Wolfe Solicitors struck out pursuant to Order 19 Rule 28 and the Court's inherent jurisdiction