Duffy v Permanent TSB PLC & Ors (Approved) [2021] IEHC 511 (22 July 2021)
The plaintiff's claims are wholly unsubstantiated by documentary evidence, amount to mere assertions, and are bound to fail; the proceedings are frivolous and vexatious and must be struck out to prevent abuse of process.
Source-derived case information.
- Citation
- [2021] IEHC 511
- Parties
- Plaintiff: Séamus Duffy; Defendant: Permanent TSB PLC; Defendant: Havbell DAC; Defendant: Aiden Murphy
- Jurisdiction
- Ireland
- Judgment Date
- 22 July 2021
- Procedural Posture
- Plenary Summons / Strike Out Motion
- Outcome
- Plaintiff's proceedings struck out; reliefs sought by second and third defendants granted.
- Legal Topics
- Receivership, Mortgage Enforcement, Lis Pendens, Strike Out Applications, Data Protection, Abuse of Process
Source-derived case record
Summary, issues, holding and outcome
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Parties
Séamus Duffy
Plaintiff
Permanent TSB PLC
Defendant
Havbell DAC
Defendant
Aiden Murphy
Defendant
Procedural Posture
Plenary Summons / Strike Out Motion
Legal Issues
- 1 Whether the plaintiff's proceedings are bound to fail
- 2 Validity of receivership appointment
- 3 Breach of property and data protection rights
Ratio Decidendi
The plaintiff's claims are wholly unsubstantiated by documentary evidence, amount to mere assertions, and are bound to fail; the proceedings are frivolous and vexatious and must be struck out to prevent abuse of process.
Court Disposition
Plaintiff's proceedings struck out; reliefs sought by second and third defendants granted.
Orders
- Strike out of plaintiff's proceedings
- Vacating of lis pendens registered over relevant folios of land
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