Breslin & Ors Mckenna & Ors [2008] NIQB 9 (25 January 2008)

Breslin & Ors Mckenna & Ors [2008] NIQB 9 (25 January 2008)

There is no merit in the application to strike out or stay the proceedings as an abuse of process. The plaintiffs have a legitimate claim for civil wrongs, and neither the motives for bringing the action, the source of funding, publicity, nor the defendants' impecuniosity constitute manifest unfairness or grounds for abuse of process. Striking out the claim would deny the plaintiffs' right to a fair hearing under Article 6 ECHR.

Citation
[2008] NIQB 9
Parties
Plaintiffs: Mark Christopher Breslin and others; Defendants: Seamus McKenna and others
Jurisdiction
Northern Ireland
Judgment Date
25 January 2008
Procedural Posture
Civil / Application to Strike Out or Stay Proceedings as Abuse of Process
Outcome
Application dismissed
Legal Topics
Abuse of Process, Strike Out Applications, Access to Justice, Bias, Public Funding, Article 6 ECHR
Civil Procedure Tort Law Human Rights Abuse of Process Strike Out Applications Access to Justice Bias Public Funding +1 more

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Parties

Mark Christopher Breslin and others

Plaintiffs

Seamus McKenna and others

Defendants

Procedural Posture

Civil / Application to Strike Out or Stay Proceedings as Abuse of Process

Legal Issues

  1. 1 Whether the plaintiffs' claim should be struck out or stayed as an abuse of process
  2. 2 Whether public funding and publicity render the proceedings unfair or contrary to public interest
  3. 3 Whether the impecuniosity of defendants justifies striking out the claim

Ratio Decidendi

There is no merit in the application to strike out or stay the proceedings as an abuse of process. The plaintiffs have a legitimate claim for civil wrongs, and neither the motives for bringing the action, the source of funding, publicity, nor the defendants' impecuniosity constitute manifest unfairness or grounds for abuse of process. Striking out the claim would deny the plaintiffs' right to a fair hearing under Article 6 ECHR.

Court Disposition

Application dismissed

Orders

  • Application to strike out or stay proceedings as abuse of process is refused