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Claim in respect of social welfare injuries benefits is frivolous and vexatious
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High Court strikes out plaintiff's claim relating to decisions made in respect of injuries benefits, on the basis that the claim discloses no cause of action, was wrongly commenced by way of special summons and is frivolous and vexatious.
Special summons - defendant seeks to strike out summons - O 19 r 28 of RSC - plaintiff's claim relates to decision of defendant in respect of injury benefits - plaintiff makes serious allegations against officer of defendant - s. 327 of the Social Welfare Consolidation Act 2005 provides for appeal of decision of Chief Appeals Officer on point of law - plaintiff not entitled to appeal decision of Chief Appeals Officer other than by way of s. 327 - Order 84C of the Rules of the Superior Courts - appeals on point of law must set out clearly the point of law in question and the relief sought - no clear point of law set out in summons - scandalous allegations made which are general in nature and are incoherent - claim discloses no reasonable cause of action and is frivolous and vexatious - special summons is struck out.
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