Harvey -v- Minister for Jobs Enterprise and Innovation & ors [2018] IEHC 479 (07 August 2018)

Harvey -v- Minister for Jobs Enterprise and Innovation & ors [2018] IEHC 479 (07 August 2018)

The proceedings were struck out because they disclosed no cause of action, were frivolous and vexatious, unnecessary and scandalous, and constituted an abuse of court process. The pleadings were incoherent, lacked factual basis, and failed to meet the standards required for liability or for recovery of damages.

Citation
[2018] IEHC 479
Parties
Plaintiff: Walter Harvey; Defendants: Minister for Jobs Enterprise and Innovation and Others
Jurisdiction
Ireland
Judgment Date
07 August 2018
Procedural Posture
Plenary Summons / Application to Dismiss Proceedings
Outcome
proceedings struck out
Legal Topics
Abuse of Process, Frivolous and Vexatious Proceedings, Fair Procedures, Wrongful Dismissal, Judicial Review, Statutory Duty
Civil Procedure Employment Law Abuse of Process Frivolous and Vexatious Proceedings Fair Procedures Wrongful Dismissal Judicial Review Statutory Duty

Case Brief

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Parties

Walter Harvey

Plaintiff

Minister for Jobs Enterprise and Innovation and Others

Defendants

Procedural Posture

Plenary Summons / Application to Dismiss Proceedings

Legal Issues

  1. 1 Whether the proceedings disclose a cause of action
  2. 2 Whether the proceedings are frivolous and vexatious
  3. 3 Whether the proceedings are unnecessary and scandalous

Ratio Decidendi

The proceedings were struck out because they disclosed no cause of action, were frivolous and vexatious, unnecessary and scandalous, and constituted an abuse of court process. The pleadings were incoherent, lacked factual basis, and failed to meet the standards required for liability or for recovery of damages.

Court Disposition

proceedings struck out

Orders

  • Proceedings struck out on grounds of abuse of court process, no cause of action, frivolous and vexatious, unnecessary and scandalous.