L.B. v The Minister for Justice and Equality & Ors (Unapproved)

N� Raifeartaigh J.����������������������������������������� Neutral Citation Number [2023] IECA 140

Ex Tempore JUDGMENT of Mr. Justice Binchy delivered on the 8 th day of June 2023

             In this appeal, the appellant appeals from the judgment of the High Court (Stack J.) �of 6 th April 2022 (and consequential orders made on 20 th May 2022), whereby she concluded that the within proceedings should be struck out on the grounds that they are (save for one heading of claim) res judicata . As regards that one heading of claim, the trial judge concluded that it was barred by the rule in Henderson v Henderson [1843] 3 Hare 100 .

             The trial judge further concluded that the proceedings were also vexatious, and, if she were found to be wrong that the proceedings were res judicata , they �should be struck out pursuant to the inherent jurisdiction of the Court.

             While the fourth named defendant is named by the appellant as a party in the proceedings, she has not sought to participate in the proceedings at any time, and she did not partake in any degree either at �the hearing resulting in the decision under appeal, or in this appeal.