The Supreme Court dismissed Brendan Loughrey’s appeals concerning the administration of the estate of Michael Campbell, an intestate whose estate had been the subject of several sets of proceedings. The judgment, delivered by Ms Justice Dunne on 2 June 2016, covered five appeals heard together.
The dispute began after Campbell died on 19 December 2000 without a will. Cathleen Dolan, his former solicitor, received a limited grant of administration in 2004. A 2007 High Court order directed that the estate be divided equally between Loughrey and two other first cousins, Michael Campbell and Leo Campbell. That distribution order was not appealed.
Loughrey had sought citations to require Dolan to lodge the letters of administration with the court, effectively seeking her removal as administrator. The High Court set aside the first citation in 2008, finding that it would not advance the administration, and refused a later application in 2012. The Supreme Court upheld both decisions. It said the 2007 distribution order was final and that the outstanding issue had been taxation of costs; by the later application, that process had concluded, but the first citation decision was still under appeal.
The court also upheld the dismissal of Loughrey’s €8 million “monetary retribution” claim against Dolan. The claim alleged negligence and concealment in the estate’s administration. The Supreme Court agreed that the special summons procedure was unsuitable for such a damages claim and that the proceedings were vexatious and an abuse of process. It also upheld orders requiring Loughrey to obtain leave before bringing further proceedings concerning Dolan or the estate. His request for a jury trial did not succeed.
A separate €8 million claim against former solicitors McCloughan Gunn & Co. was also dismissed. The High Court had found that the claim was bound to fail and an abuse of process, and had restricted further proceedings against the firm or Seamus Gunn without leave. The Supreme Court dismissed that appeal too.
The court declined to alter the High Court’s decision not to award Dolan costs on the 2008 citation application. It dismissed all appeals brought by Loughrey. The judgment said the estate administrator should now complete the administration and distribute what remained to those entitled, including Loughrey; it did not itself order a final distribution or determine its amount.