The High Court has struck out proceedings brought by Peter Nowak against the Courts Service of Ireland and imposed restrictions on any further similar litigation against the service.
Mr Nowak, a Polish national living in Warsaw, had previously pursued employment, data protection and judicial review proceedings arising from litigation against PwC and his efforts to appeal decisions involving the Data Protection Commissioner.
In the present case, he alleged that the High Court Central Office had improperly processed a PwC motion, interfered with a court file and later refused to process several notices of appeal in data protection cases. He sought damages, including a proposed €2 million claim, and declarations concerning earlier proceedings.
Mr Justice Nolan permitted Nowak to amend his claim before considering the Courts Service’s strike-out application. The judge then held that the amendments did not save the case.
On the first issue, the court found documentary evidence showing that Nowak’s notice of appeal had been received and recorded. There was no evidence that Central Office staff had removed, hidden or fraudulently altered it.
On the second, the court found that staff had tried to assist Nowak after appeal forms were submitted in the wrong format, including providing the correct template. His related challenge had already been litigated in judicial review proceedings and rejected by the High Court, Court of Appeal and, at leave stage, the Supreme Court.
The judge held that the new proceedings amounted to an impermissible collateral attack on those earlier decisions and were frivolous, vexatious, an abuse of process and bound to fail.
The court also granted an Isaac Wunder order. This means Nowak must obtain permission from the President of the High Court, or a nominated judge, before bringing further similar proceedings against the Courts Service. The order does not prevent a genuinely new and arguable claim from being considered.