Bankrupt temporarily restrained from issuing further proceedings after abuse of court process

Ian Fitzharris BL, on September 24, 2018 (© Stare Decisis Hibernia)

October 11, 2018

Judicial review – long running dispute between applicant and his former solicitors – at least nine judgments or determinations – adjudged bankrupt in December 2015 – appeal to Court of Appeal against judgment of High Court refusing leave to apply by way of judicial review against the Court's Service's failure to accept applicant's application for an order setting aside bankruptcy summons was struck out in March 2016 – Supreme Court refused leave to appeal in relation to possession order on foot of judgment mortgage relating to underlying debt – appeal against adjudication of bankruptcy to Court of Appeal dismissed in October 2016 – leave to appeal dismissal order to Supreme Court dismissed – present application to set aside or re-enter original order refusing leave to seek judicial review – original application inherently ephemeral and transitional and superseded by determination of bankruptcy summons – proper remedy against order is an appeal, which itself has been unsuccessful – same relief sought from court in 2016, current application an abuse of process – underlying application had no merit - clear pattern of abuse of court process – postscript – temporary Isaac Wunder order issues until such time as the applicant makes any legal submission he wishes to the High Court in respect of his alleged health difficulties.

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