Patterson v Shaw & Anor [2010] NICh 13 (15 March 2010)

Patterson v Shaw & Anor [2010] NICh 13 (15 March 2010)

The appeal is not bona fide, is vexatious, and constitutes an abuse of process as it seeks to address grievances irrelevant to the County Court judgment rather than genuine grounds of appeal.

Citation
[2010] NICh 13
Parties
Plaintiff Respondent: Lawrence Patterson; Defendant Appellant: Robert James Shaw; Defendant Appellant: Deirdre Kathleen Shaw
Jurisdiction
Northern Ireland
Judgment Date
15 March 2010
Procedural Posture
Appeal / Interlocutory Application to Strike Out or Stay Appeal
Outcome
Appeal dismissed
Legal Topics
Abuse of Process, Vexatious Litigation, Right of Way, Appeal Procedure
Civil Procedure Property Law Abuse of Process Vexatious Litigation Right of Way Appeal Procedure

Case Brief

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Parties

Lawrence Patterson

Plaintiff Respondent

Robert James Shaw

Defendant Appellant

Deirdre Kathleen Shaw

Defendant Appellant

Procedural Posture

Appeal / Interlocutory Application to Strike Out or Stay Appeal

Legal Issues

  1. 1 Whether the appeal is scandalous, vexatious, or an abuse of process
  2. 2 Whether the appeal raises bona fide grounds against the County Court judgment

Ratio Decidendi

The appeal is not bona fide, is vexatious, and constitutes an abuse of process as it seeks to address grievances irrelevant to the County Court judgment rather than genuine grounds of appeal.

Court Disposition

Appeal dismissed

Orders

  • Application to strike out appeal granted
  • Costs awarded against the Shaws