Ewing v Ireland & anor [2013] IESC 44 (11 October 2013)

Ewing v Ireland & anor [2013] IESC 44 (11 October 2013)

The proceedings are an impermissible collateral attack on prior judgments, disclose no reasonable cause of action against the State, and are an abuse of court process; there is no basis in law for the reliefs sought and no amendments could cure the defects.

Citation
[2013] IESC 44
Parties
Appellant: Robert Ewing; Respondent: Ireland; Respondent: Attorney General
Jurisdiction
Ireland
Judgment Date
11 October 2013
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Order Striking Out Proceedings
Outcome
appeal dismissed
Legal Topics
Abuse of Process, Finality of Litigation, Collateral Attack on Judgments, Striking Out Pleadings, Duty of Care of the State
Civil Procedure Constitutional Law Abuse of Process Finality of Litigation Collateral Attack on Judgments Striking Out Pleadings Duty of Care of the State

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 12 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Robert Ewing

Appellant

Ireland

Respondent

Attorney General

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Order Striking Out Proceedings

Legal Issues

  1. 1 Whether the appellant's proceedings constitute an impermissible collateral attack on prior judgments
  2. 2 Whether the pleadings disclose any reasonable cause of action against the State
  3. 3 Whether the proceedings are frivolous, vexatious, or an abuse of process

Ratio Decidendi

The proceedings are an impermissible collateral attack on prior judgments, disclose no reasonable cause of action against the State, and are an abuse of court process; there is no basis in law for the reliefs sought and no amendments could cure the defects.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • High Court order striking out proceedings as abuse of process affirmed