O'Hara v Ireland & Ors (Approved) [2024] IEHC 377 (28 June 2024)

O'Hara v Ireland & Ors (Approved) [2024] IEHC 377 (28 June 2024)

Both sets of proceedings are dismissed as they disclose no reasonable cause of action and constitute an abuse of process; the plaintiff's argument of immunity from suit is legally baseless and repeatedly rejected by Irish courts; no grounds exist for contempt orders or Isaac Wunder orders at this time.

Citation
[2024] IEHC 377
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: Helena O'Hara; Defendant: The Government of Ireland; Defendant: Brian O'Moore
Jurisdiction
Ireland
Judgment Date
28 June 2024
Procedural Posture
Plenary Proceedings (two Sets) / Judgment on Motions to Dismiss and Ancillary Applications
Outcome
Plaintiff's claims in both proceedings dismissed; contempt motion refused; Isaac Wunder orders not granted at this time.
Legal Topics
Abuse of Process, Vexatious Litigation, Judicial Immunity, Equality Guarantee, Contempt of Court, Isaac Wunder Orders
Civil Procedure Constitutional Law Abuse of Process Vexatious Litigation Judicial Immunity Equality Guarantee Contempt of Court Isaac Wunder Orders

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

Helena O'Hara

Defendant

The Government of Ireland

Defendant

Brian O'Moore

Defendant

Procedural Posture

Plenary Proceedings (two Sets) / Judgment on Motions to Dismiss and Ancillary Applications

Legal Issues

  1. 1 Whether the plaintiff's claims disclose any reasonable cause of action
  2. 2 Whether the proceedings constitute an abuse of process
  3. 3 Whether the plaintiff or any party is 'immune to court summons' or court orders under Article 40.1 of the Constitution

Ratio Decidendi

Both sets of proceedings are dismissed as they disclose no reasonable cause of action and constitute an abuse of process; the plaintiff's argument of immunity from suit is legally baseless and repeatedly rejected by Irish courts; no grounds exist for contempt orders or Isaac Wunder orders at this time.

Court Disposition

Plaintiff's claims in both proceedings dismissed; contempt motion refused; Isaac Wunder orders not granted at this time.

Orders

  • Dismissal of plaintiff's claims in 2021/6375P and 2023/3092P pursuant to Order 19, rule 28 for no reasonable cause of action and abuse of process.
  • Refusal of plaintiff's motion for contempt orders.