Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
The Court of Appeal dismissed an appeal from the High Court’s decision to grant an Isaac Wunder order, restraining the appellant from issuing legal proceedings against a wide range of identified persons and entities without the prior permission of a High Court judge. The High Court had previously struck out the appellant’s action as frivolous, vexatious, and bound to fail, and subsequently granted the order sought by the respondents (including State parties) to protect the court system from repeated abusive litigation. The appellant appealed on the basis of alleged lack of standing, procedural flaws, and infringement of EU and constitutional rights, but the Court of Appeal found no credible basis for any of these grounds, upheld the High Court’s factual findings, and affirmed the appropriateness of the Isaac Wunder order as a proportionate screening mechanism rather than an absolute bar. The appeal was therefore dismissed and costs provisionally awarded against the appellant.
Isaac Wunder order – abuse of process – strike out application – frivolous and vexatious proceedings – inherent jurisdiction – right of access to courts – EU Charter of Fundamental Rights – Article 19(1) TEU – Rules of the Superior Courts (RSC) – judicial bias allegation – costs of appeal – screening mechanism – standing to bring application – leave to issue proceedings – public interest
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only subject matter index for all Irish judgments over the past thirteen years. Click here to request a subscription.
Register Now