O'Hara v Ireland & Ors (Approved) [2023] IEHC 268 (19 May 2023)

O'Hara v Ireland & Ors (Approved) [2023] IEHC 268 (19 May 2023)

The plaintiff's claim, asserting immunity from court summons and orders, is legally unsustainable, discloses no reasonable cause of action, and constitutes an abuse of process. The proceedings are bound to fail and must be dismissed under O. 19 r. 28 and the inherent jurisdiction of the court.

Citation
[2023] IEHC 268
Parties
Plaintiff: Richard O'Hara; Defendant: Ireland; Defendant: The Attorney General; Defendant: The Minister for Justice and Equality; Defendant: Start Mortgages Designated Activity Company; Defendant: Helen O'Hara
Jurisdiction
Ireland
Judgment Date
19 May 2023
Procedural Posture
Plenary Proceedings / Motion to Strike Out Claim Against Fourth Defendant (start Mortgages)
Outcome
Action dismissed
Legal Topics
Abuse of Process, Frivolous and Vexatious Proceedings, Striking Out Pleadings, Access to Courts
Civil Procedure Abuse of Process Frivolous and Vexatious Proceedings Striking Out Pleadings Access to Courts

Case Brief

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Parties

Richard O'Hara

Plaintiff

Ireland

Defendant

The Attorney General

Defendant

The Minister for Justice and Equality

Defendant

Start Mortgages Designated Activity Company

Defendant

Helen O'Hara

Defendant

Procedural Posture

Plenary Proceedings / Motion to Strike Out Claim Against Fourth Defendant (start Mortgages)

Legal Issues

  1. 1 Whether the plaintiff's claim discloses a reasonable cause of action
  2. 2 Whether the proceedings are frivolous, vexatious, bound to fail, or an abuse of process

Ratio Decidendi

The plaintiff's claim, asserting immunity from court summons and orders, is legally unsustainable, discloses no reasonable cause of action, and constitutes an abuse of process. The proceedings are bound to fail and must be dismissed under O. 19 r. 28 and the inherent jurisdiction of the court.

Court Disposition

Action dismissed

Orders

  • Proceedings against Start Mortgages dismissed pursuant to O. 19 r. 28 and the inherent jurisdiction of the court.
  • Matter listed for mention on 21 June 2023 to address outstanding issues including costs.