A [A person with Disabilities] v Health Service Executive & Anor (Approved) (Rev1)

This is an application brought by the defendants by way of motion of 5 March 2024 grounded upon an affidavit of Ms. Joyce, solicitor, to strike out the within proceedings pursuant to the inherent jurisdiction of the court on the basis that it discloses no cause of action and/or is frivolous and vexatious and/or is bound to fail or constitutes and abuse of process.

Separately, there is an application for what is referred to as an " Isaac Wunder " order. In the High Court, such orders have the effect that, if granted, a person is restrained from issuing proceedings in respect of specified issues or against identified persons without first obtaining the permission of the President of the High Court. For the remainder of this judgment, I will describe the Order sought as a litigation restriction Order, or "LRO", as that accurately describes the nature of the Order and permits a greater understanding of what is being sought.

In respect of the application for a LRO, I made an interim order on 5 July in the following terms:

"An order pursuant to the inherent jurisdiction of the Court restraining the plaintiff and [Ms. AA] from instituting any proceedings against the defendants arising from the medical treatment of the plaintiff from the 19th to 23rd January 2003, without the prior permission of the President of the High Court pending the matter returning to this court on 15 October 2024."

To adjudicate fairly on both the application to dismiss, the relief pursuant to s.10(3) of the 2004 Act and the LRO, it is necessary to go through the history of these proceedings and related proceedings. Proceedings were issued in 2011, the plaintiff was represented by Kieran Buckley & Co. Solicitors, and the defendant was represented by the current solicitors. The proceedings related to a delayed diagnosis of hearing loss and were settled, which settlement was ruled by the Court on 17 July 2015.�