The Court of Appeal has dismissed Joseph Slattery’s appeal against a High Court refusal to set aside an earlier ruling that his ownership claim to land in County Clare was barred because it had already been decided. It also allowed Thomas Slattery’s cross-appeal and broadened the restriction on further proceedings by Joseph Slattery against his brother.
The dispute concerns 4.144 acres in Clare and an adjoining strip of about 0.2 acres. The Court of Appeal judgment, delivered by Ms Justice Pilkington on 14 July 2022, records that the litigation began after Thomas Slattery became entitled to the larger parcel following the death of the last surviving parent in December 2010.
In 2012, the Circuit Court restrained Joseph Slattery from trespassing on the larger parcel and dismissed his counterclaim that he owned it. The High Court dismissed his appeal in 2014. Later attempts to pursue the ownership claim were dismissed as already determined, including High Court proceedings struck out in 2017. Joseph Slattery’s appeal against that 2017 order was dismissed in 2019, and the Supreme Court refused leave to appeal.
The current appeal concerned a 28 July 2021 High Court order refusing Joseph Slattery’s request to set aside the 2017 ruling and obtain permission to issue fresh proceedings. The Court of Appeal said the issues had already been determined and that the High Court judge could not reopen the matter after the earlier appeals. It dismissed Joseph Slattery’s appeal.
The court also varied the Isaac Wunder Order, which had required Joseph Slattery to obtain leave before bringing proceedings concerning the properties. The varied order applies to proceedings, including motions and appeals, in the Circuit Court, High Court, Court of Appeal and Supreme Court against Thomas Slattery. Any application for leave must be made in writing to the Registrar of the Court of Appeal. The court said it would hear the parties on costs; the judgment does not state a costs order.