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High Court grants application to dismiss personal injuries proceedings brought by mortgage-holder in default against bank who unsuccessfully sued the plaintiff for possession before the Circuit Court, seeking €1.25 million in compensation and punitive damages arising from the bank's alleged breach of the Central Bank code of conduct on mortgage arrears and failure to 'engage meaningfully' with the plaintiff, as a consequence of which the plaintiff allegedly suffered personal injuries, the court finding that: alleged reputational damage as a result of being sued is not actionable; there is insufficient evidence to establish a claim based on the tort of malicious prosecution; and the plaintiff failed to obtain an authorisation from the Personal Injuries Assessment Board on which to ground her claim.
Application to dismiss personal injuries proceedings on grounds it is frivolous and vexatious and bound to fail - defendant as provider of loan facilities to plaintiff which subsequently went into default - proceedings before Circuit Court seeking an order of possession unsuccessful - plenary summons and statement of claim served by plaintiff as a litigant in person - claim that bank in breach of code of conduct on mortgage arrears - bank improperly instituted possession proceedings in Circuit Court - bank's refusal to 'engage meaningfully' with plaintiff - plaintiff suffering from depression, panic attacks, severe anxiety and has difficulty sleeping - constitutional right to plaintiff's good name infringed due to defamation - claim of €1.25 million together with punitive damages - ingredients for tort of malicious prosecution - fact that proofs are not in order does not equate to the institution of proceedings without a reasonable or probably cause - no evidence of improper motive on bank's part - Order 19 rule 28 RSC - alleged repetitional damage caused by being sued is not without more damage of which the law can take cognisance - no authorisation received from personal injuries assessment board - no personal injuries summons - non-compliance with codes of Central Bank does not offer a justiciable cause of action at common law - frivolous vexatious and bound to fail - action dismissed.
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