By: Mark Tottenham BL, on April 28th, 2012

Gunning v. Sherry [2012] IEHC 88 (High Court, Hogan J, 28 February 2012)

High Court strikes out action against solicitor as an abuse of process and grants “Isaac Wunder order” against plaintiff, restraining her from commencing any further action in respect of same subject matter.

Proceedings against solicitor - application to strike out proceedings as abuse of process - res judicata - Isaac Wunder order - earlier proceedings concerning estate of plaintiff's father in Circuit Court and High Court - ejectment proceedings - removal of plaintiff as executrix of father's estate - defendant appointed as administrator of estate - application by defendant for possession of deceased's dwelling house - allegations by plaintiff of abuse of privilege and collusion - prior application by plaintiff for judge (Hogan J) to recuse himself - purchase of fee simple by plaintiff at time she was executrix of father's estate - whether plaintiff had acquired possessory title to dwelling house - whether time could run in favour of executrix against beneficiaries - purpose of Isaac Wunder order - "to regulate the constitutional right of access to the courts, albeit in a manner which is proportionate and strictly necessary to protect the proper administration of justice and the rights of third parties who might otherwise be oppressed by abusive litigation" - failure of plaintiff to provide evidence of fraud against defendant.
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Key Cases Cited

Charalambous v. Nagle [2011] IESC 11
Riordan v. Ireland (No.4) [2001] 3 IR 365,
Eamon Andrews Productions Ltd v. Gaiety Theatres Ltd. [1973] I.R. 295
Drohan v. Drohan [1981] ILRM 473
Burke v. Judge Fulham [2010] IEIIC 448
P. v. P. [2001] IESC 76, [2002] 1 I.R. 219
Gleeson v. Feehan [1993] 2 IR 11
Gabbett v. Lawder (1881) 11 L.R. Ir. 295
Moore, "Isaac Wunder Orders" (2001) Judicial Studies Institute Journal 137