Carrickfin Trust Ltd -v- Forker & Ors [2013] IEHC 16 (25 January 2013)

Carrickfin Trust Ltd -v- Forker & Ors [2013] IEHC 16 (25 January 2013)

The order striking out the balance of the proceedings by consent did not amount to a final judicial determination of those issues, and therefore the doctrine of res judicata does not preclude the plaintiff from bringing fresh proceedings in respect of those issues. However, the possibility of estoppel by conduct remains open and may be determined at trial based on evidence of the parties' intentions and communications during settlement.

Citation
[2013] IEHC 16
Parties
Plaintiff/appellant: Carrickfin Trust Limited; Defendant/respondent: William Forker; Defendant/respondent: Patrick Forker; Defendant/respondent: Togáil Dhun Na nGall Teoranta
Jurisdiction
Ireland
Judgment Date
25 January 2013
Procedural Posture
Circuit Appeal / Appeal Against Order Striking Out Plaintiff's Claims as Abuse of Process
Outcome
appeal allowed
Legal Topics
Res Judicata, Issue Estoppel, Abuse of Process, Consent Orders, Finality of Litigation
Civil Procedure Property Law Res Judicata Issue Estoppel Abuse of Process Consent Orders Finality of Litigation

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Parties

Carrickfin Trust Limited

Plaintiff/appellant

William Forker

Defendant/respondent

Patrick Forker

Defendant/respondent

Togáil Dhun Na nGall Teoranta

Defendant/respondent

Procedural Posture

Circuit Appeal / Appeal Against Order Striking Out Plaintiff's Claims as Abuse of Process

Legal Issues

  1. 1 Whether the order striking out the balance of proceedings by consent precludes the plaintiff from bringing fresh proceedings on the same issues
  2. 2 Whether the doctrine of res judicata or estoppel applies to prevent further litigation of the issues struck out by consent

Ratio Decidendi

The order striking out the balance of the proceedings by consent did not amount to a final judicial determination of those issues, and therefore the doctrine of res judicata does not preclude the plaintiff from bringing fresh proceedings in respect of those issues. However, the possibility of estoppel by conduct remains open and may be determined at trial based on evidence of the parties' intentions and communications during settlement.

Court Disposition

appeal allowed

Orders

  • Order of the Circuit Court judge striking out the plaintiff's claims set aside
  • Defendants' motion to strike out the plaintiff's claims struck out