Kelly -v- University College Dublin [2013] IEHC 23 (29 January 2013)

Kelly -v- University College Dublin [2013] IEHC 23 (29 January 2013)

The court found that the applicant had repeatedly invoked the court's processes to pursue groundless litigation incapable of leading to any possible good, and that the proper administration of justice required a restraining order. The court therefore permanently stayed all proceedings and prohibited further related applications without leave of the High Court.

Citation
[2013] IEHC 23
Parties
Applicant: Patrick Kelly; Respondent: University College Dublin
Jurisdiction
Ireland
Judgment Date
29 January 2013
Procedural Posture
Application for Restraining Order (isaac Wunder Order) / Final Judgment
Outcome
application granted
Legal Topics
Abuse of Process, Vexatious Litigation, Restraining Orders, Gender Discrimination, Court Resources
Civil Procedure Discrimination Law Abuse of Process Vexatious Litigation Restraining Orders Gender Discrimination Court Resources

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Parties

Patrick Kelly

Applicant

University College Dublin

Respondent

Procedural Posture

Application for Restraining Order (isaac Wunder Order) / Final Judgment

Legal Issues

  1. 1 Whether the applicant should be restrained from taking further steps in the proceedings or instituting further proceedings against the respondent without leave of the High Court
  2. 2 Whether the court's processes have been abused by repeated, groundless litigation

Ratio Decidendi

The court found that the applicant had repeatedly invoked the court's processes to pursue groundless litigation incapable of leading to any possible good, and that the proper administration of justice required a restraining order. The court therefore permanently stayed all proceedings and prohibited further related applications without leave of the High Court.

Court Disposition

application granted

Orders

  • Permanent stay of all proceedings herein.
  • Prohibition on issuing any further applications or proceedings arising from the applicant's 2001/2002 application to UCD or against the defendants or their agents/legal advisers without prior consent of the High Court.