McTeggart v Waterways Ireland & Anor [2009] NIQB 44 (11 May 2009)

McTeggart v Waterways Ireland & Anor [2009] NIQB 44 (11 May 2009)

Clause 3 of the Compromise Agreement expressly preserves the plaintiff's High Court claim, and the court will not exercise its power to undermine the express terms of a written agreement freely entered into by the parties with legal advice.

Citation
[2009] NIQB 44
Parties
Plaintiff: Brian McTeggart; First Defendant: Waterways Ireland; Second Defendant: Department of Culture, Arts and Leisure
Jurisdiction
Northern Ireland
Judgment Date
11 May 2009
Procedural Posture
Application to Strike Out Claim / Interlocutory
Outcome
Application refused
Legal Topics
Compromise Agreement, Abuse of Process, Res Judicata, Personal Injury, Protection From Harassment
Employment Law Contract Law Tort Law Compromise Agreement Abuse of Process Res Judicata Personal Injury Protection From Harassment

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Parties

Brian McTeggart

Plaintiff

Waterways Ireland

First Defendant

Department of Culture, Arts and Leisure

Second Defendant

Procedural Posture

Application to Strike Out Claim / Interlocutory

Legal Issues

  1. 1 Whether the plaintiff's High Court claim should be struck out as vexatious, prejudicial, embarrassing, or an abuse of process given prior settlement of related tribunal proceedings
  2. 2 Whether the Compromise Agreement precludes the High Court claim
  3. 3 Application of the rule in Henderson v. Henderson

Ratio Decidendi

Clause 3 of the Compromise Agreement expressly preserves the plaintiff's High Court claim, and the court will not exercise its power to undermine the express terms of a written agreement freely entered into by the parties with legal advice.

Court Disposition

Application refused

Orders

  • The application to strike out the plaintiff's claim is refused.