| O'Malley v National Standards Authority of Ireland [2024] IEHC 500 |
Effect of amendment to Order 19, rule 28 and erosion of the previous distinction between strike‑out jurisdiction and inherent jurisdiction. |
Cited to explain the contemporary reach of Order 19, rule 28 when considering strike‑out applications. |
| Beades v KBC Mortgage Finance Company [2025] IEHC 363 |
Principles governing strike‑out jurisdiction: default to trial, sparing exercise, high onus on mover, take claim at high‑water mark, satisfaction that plaintiff cannot succeed, and consider amendability. |
Relied upon for the overarching principles and high threshold for striking out under Order 19, rule 28. |
| Barry v Buckley [1981] IR 306 |
Authority cited as part of the established jurisprudence on strike‑out principles. |
Included among authorities illustrating well‑established strike‑out principles. |
| Salthill Properties Limited v Royal Bank of Scotland plc [2009] IEHC 207 |
Part of established strike‑out jurisprudence. |
Referenced as background authority on strike‑out jurisdiction. |
| Lopes v Minister for Justice, Equality and Law Reform [2014] IESC 21 |
Part of established strike‑out jurisprudence. |
Referenced among authorities setting out the principles for strike‑out and inherent jurisdiction. |
| Keohane v Hynes [2014] IESC 66 |
Part of established strike‑out jurisprudence. |
Referenced in the compilation of authorities on strike‑out jurisdiction. |
| Clarington Developments Limited v HCC International Insurance Company plc [2019] IEHC 630 |
Part of established strike‑out jurisprudence. |
Referenced among authorities on the strike‑out jurisdiction. |
| Kearney v Bank of Scotland [2020] IECA 92 |
Part of established strike‑out jurisprudence. |
Referenced for the established principles governing strike‑out. |
| Scotchstone Capital Fund Ltd & anor v Ireland & anor [2022] IECA 23 |
Recent statements of principles relating to strike‑out and inherent jurisdiction by the Court of Appeal. |
Included in the list of significant authorities describing the scope of the jurisdiction. |
| McAndrew v Launceston Property Finance DAC & anor [2023] IECA 43 |
Recent Court of Appeal authority on inherent jurisdiction principles. |
Referenced as part of the contemporary jurisprudence on strike‑out. |
| Darragh v Darragh [2018] IEHC 427 |
Amendment principle: plaintiff should indicate intention to amend if claim may be saved by amendment. |
Cited to justify requiring the Plaintiff to indicate and submit an amended pleading if he wished to try to save a constitutional claim. |
| Keary v Property Registration Authority of Ireland [2022] IEHC 28 |
Where litigants‑in‑person are involved, courts may look beyond poor pleadings to other material to see if a reasonable cause of action can be disclosed. |
Relied upon to justify generosity toward a lay litigant and to consider the Order 60 notice as indicating potential amendment. |
| Mullaney v Ireland [2023] IECA 195 |
It is an abuse of process to bring proceedings that launch impermissible collateral attacks on valid, final, un‑appealed orders. |
Cited to support the proposition that collateral challenges to final decisions are an abuse of process. |
| Murphy v Canada Life Assurance Ireland Ltd [2016] IECA 128 |
Doctrine of res judicata applies to administrative determinations which are final; claimants cannot re‑litigate matters decided administratively by bringing separate proceedings. |
Cited to show the public interest in finality and that administrative decisions can give rise to res judicata. |
| Moffitt v ACC [2007] IEHC 245; [2008] 1 ILRM 416 |
To succeed on res judicata, the earlier judgment must be final and conclusive on the merits. |
Cited for the requirement that a prior decision be "on the merits" to ground res judicata. |
| Power v HSE [2019] IEHC 462 |
Question whether discrimination claims must be pursued through statutory remedy (Company A) rather than plenary proceedings. |
Referenced to note potential issue about the appropriate forum for discrimination claims, though not determinative here. |
| O'Doherty and Watters v Minister for Health, Ireland, and the Attorney General [2020] IEHC 209; [2020] IECA 59 |
Challenges to section 31A of the Health Act were dismissed; no arguable grounds established in earlier judicial review proceedings. |
Cited to indicate prior unsuccessful challenges to the statutory basis for the Covid regulations. |
| Ring v Minister for Health [2024] IEHC 323 |
Section 31A challenge and prosecution context; challenge to criminal liability under regulations rejected. |
Used to illustrate prior rejection of challenges to measures made under section 31A. |
| Mulreaney v DPP [2024] IESC 50 |
Supreme Court decision concerning mandatory quarantine measures; clarified the narrow procedural issue before the Court. |
Cited to show limits of that decision and that it did not decide broader constitutionality of quarantine measures. |
| O'Mahony v Minister for Health [2025] IEHC 45 |
Mootness consideration where section 31A ceased to have effect. |
Referenced to note possible mootness of challenges to expired measures. |