The High Court has struck out a farmer’s €3 million claim against Ireland, the Attorney General, the Minister for Justice and Start Mortgages, ruling that his argument that he was immune from court summonses and orders had no legal foundation.
In a judgment delivered on 7 March 2023, Ms Justice Eileen Roberts found the proceedings frivolous and vexatious, bound to fail and an abuse of process. The ruling determined applications by the State defendants and Start Mortgages to strike out the claim. The judge also refused the plaintiff’s separate motion to add Mazars as a defendant and to seek a contempt order against receiver Hilary Larkin. The court did not make a final costs order: it gave the parties until 20 March to make submissions and listed the matter for mention on 21 March.
The plaintiff’s pleadings argued that outcomes in other High Court cases meant he was protected from court summonses and orders under Article 40.1 of the Constitution. He sought €3 million in damages for alleged breaches of duty and constitutional duty. He also alleged that the transfer of his mortgage to Start Mortgages amounted to trafficking and servitude.
The judge said that even if the facts asserted by the plaintiff were assumed to be true, they did not support his claim that government officials were immune from court orders or that he shared such immunity. She found no credible or valid cause of action in the trafficking allegation, describing the mortgage transfer as a commercial arrangement. She also concluded that the case could not be made viable through amended pleadings or further pre-trial steps.
The judgment records that Start Mortgages appointed Larkin as receiver over the property in May 2022. In a letter dated 2 June, Larkin said the plaintiff had seven days to arrange removal of his belongings, and warned that the receiver could remove, store, sell or otherwise dispose of them, applying any proceeds towards arrears. The judge said the letter did not establish contempt of court and found no basis to add Mazars to the proceedings.
The judgment also recounts earlier possession proceedings. A Circuit Court granted Permanent TSB an order for possession in February 2017. After an appeal and its re-entry, the High Court dismissed the appeal in April 2019, finding no stateable or bona fide defence to the possession claim.
The orders made in this case struck out the plaintiff’s claims against the State defendants and Start Mortgages, and refused his motion. The judgment says the defendants appeared entitled to their costs, subject to the parties’ submissions and the later mention.