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Practice & Procedures - Damages for defamation - Frivolous or vexatious proceedings - Matter of appeal - Striking off the proceedings

Posted 21/10/2016

Practice & Procedures - Damages for defamation - Frivolous or vexatious proceedings - Matter of appeal - Striking off the proceedings 

Facts: Following the proceedings instituted by the plaintiff against the defendants for defamation, the first named defendant, by way of the present application, sought an order to dismiss the said High Court proceedings on the ground that the proceedings were frivolous or vexatious. The plaintiff claimed defamation and damages on ground of mistake committed in the affidavits filed by the second and third named defendants. The plaintiff averred that the first named defendant should not have instituted possession proceedings against the plaintiff and the plaintiff sought damages for the alleged abuse of process. The plaintiff further claimed damages against the first named defendant for the loss of her property, which was a subject matter of the Circuit Court proceedings. 
Held: Mr. Justice Twomey struck out the proceedings issued by the plaintiff against the defendants on the ground that the proceedings were misconceived and bound to fail. The Court held that the plaintiff could not claim defamation and damages for a mistake committed in the affidavits, which had been corrected after reading out in the Circuit Court. The Court found that as the Circuit Court had granted the order of possession sought by the defendants, the Court could not reverse the said order as that was a matter for appeal, which had been lodged. The Court held that the plaintiff could not seek damages in higher court for the decision of the lower court as the correct procedure had been to appeal the decision of the lower court, which had been done in the present case.
O'Beirne, Cait v Bank of Ireland Mortgage Bank and ors
28/6/2016 No. 2015/8951 P [2016] IEHC 364

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