Isaac Wunder order
Encyclopedia
An Isaac Wunder order is an order issued by an Irish
court
restricting the ability of a vexatious litigant
to institute legal proceedings without leave from that or another court, whether for a specified period of time or indefinitely. It is named after Isaac Wunder, an Irishman who became notorious for instituting a number of actions that were subsequently deemed by the court to be frivolous or vexatious
.
In the mid-1960s, the plaintiff
in Keaveney v. Geraghty sought damages for libel in proceedings before the High Court. The defendant
applied for a stay of proceedings
on the grounds that they were, inter alia, frivolous and vexatious, and an abuse of process
. The court granted the stay, whereupon the plaintiff appealed. The Supreme Court varied the ruling to provide that no further proceedings on the action could be taken without leave of the court.
A few years later, Isaac Wunder sued the Irish Hospitals Trust
, also known as the Irish Sweepstake, for claimed sweepstakes
winnings. His claims were dismissed as frivolous and vexatious. Wunder appealed. Wunder had made several claims against the defendants on the matter, and in each case the claims had been ruled groundless. In the light of this history of repeated attempts to get a more favorable ruling on the same issue, the Supreme Court issued an order similar to that issued in Keaveney, directing that Wunder could take no further proceedings on the matter at the High Court. Although this was not the first order of its kind issued, it nonetheless became known as the "Isaac Wunder order".
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
court
Courts of the Republic of Ireland
The Courts of the Republic of Ireland consist of the Supreme Court, the Court of Criminal Appeal, the High Court, the Circuit Court and the District Court. The courts apply the laws of Ireland. Ireland is a common law jurisdiction and trials for serious offences must usually be held before a jury...
restricting the ability of a vexatious litigant
Vexatious litigation
Vexatious litigation is legal action which is brought, regardless of its merits, solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a...
to institute legal proceedings without leave from that or another court, whether for a specified period of time or indefinitely. It is named after Isaac Wunder, an Irishman who became notorious for instituting a number of actions that were subsequently deemed by the court to be frivolous or vexatious
Frivolous or vexatious
In the law of several jurisdictions, such as Ireland and New Zealand, frivolous or vexatious, when used to describe an action such as a complaint or a legal proceeding, is a term used to deny its being heard, or to dismiss or strike out any ensuing judicial or non-judicial processes.While the term...
.
Origins
In the mid-1960s, the plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
in Keaveney v. Geraghty sought damages for libel in proceedings before the High Court. The defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
applied for a stay of proceedings
Stay of proceedings
A stay of proceedings is a ruling by the court in civil and criminal procedure, halting further legal process in a trial. The court can subsequently lift the stay and resume proceedings. However, a stay is sometimes used as a device to postpone proceedings indefinitely.-United Kingdom:In United...
on the grounds that they were, inter alia, frivolous and vexatious, and an abuse of process
Abuse of process
Abuse of process is a cause of action in tort arising from one party making a malicious and deliberate misuse or perversion of regularly issued court process not justified by the underlying legal action.It is a common law intentional tort...
. The court granted the stay, whereupon the plaintiff appealed. The Supreme Court varied the ruling to provide that no further proceedings on the action could be taken without leave of the court.
A few years later, Isaac Wunder sued the Irish Hospitals Trust
Irish Hospitals' Sweepstake
The Irish Hospitals' Sweepstake was a lottery established in the Irish Free State in 1930 as the Irish Free State Hospitals' Sweepstake to finance hospitals, and is often referred to as the Irish Sweepstake...
, also known as the Irish Sweepstake, for claimed sweepstakes
Sweepstakes
The United States consumer sales promotion known as a sweepstake has become associated with marketing promotions targeted toward both generating enthusiasm and providing incentive reactions among customers by enticing consumers to submit free entries into drawings of chance...
winnings. His claims were dismissed as frivolous and vexatious. Wunder appealed. Wunder had made several claims against the defendants on the matter, and in each case the claims had been ruled groundless. In the light of this history of repeated attempts to get a more favorable ruling on the same issue, the Supreme Court issued an order similar to that issued in Keaveney, directing that Wunder could take no further proceedings on the matter at the High Court. Although this was not the first order of its kind issued, it nonetheless became known as the "Isaac Wunder order".
Cases
- 2010: John Burke, a farmer from County TipperaryCounty TipperaryCounty Tipperary is a county of Ireland. It is located in the province of Munster and is named after the town of Tipperary. The area of the county does not have a single local authority; local government is split between two authorities. In North Tipperary, part of the Mid-West Region, local...
, took seven sets of judicial reviewJudicial reviewJudicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
proceedings to the High Court, challenging proceedings against him in the District CourtDistrict Court (Ireland)The District Court is the main court of summary jurisdiction in Ireland. It has responsibility for hearing minor criminal matters, small civil claims, liquor licensing, and certain family law applications...
and the Circuit CourtCircuit Court (Ireland)The Circuit Court is an intermediate level court of local and limited jurisdiction in the Republic of Ireland which hears both civil and criminal matters. On the criminal side the Circuit Court hears criminal matters tried on indictment with a judge and jury, except for certain serious crimes...
. The High Court issued an Isaac Wunder order against him, preventing him from taking further such proceedings without leave from the President of the High Court. - 2010: A married woman, identified only as "LO'M", began separation proceedings in 2000 against her husband, identified only as "JO'M". During the course of the next four years, more than a hundred days were spent on the action. JO'M sued the Women's Aid Federation of England and his wife's solicitorSolicitorSolicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
s for 6 million euros, claiming conspiracyConspiracy (civil)A civil conspiracy or collusion is an agreement between two or more parties to deprive a third party of legal rights or deceive a third party to obtain an illegal objective....
and extortionExtortionExtortion is a criminal offence which occurs when a person unlawfully obtains either money, property or services from a person, entity, or institution, through coercion. Refraining from doing harm is sometimes euphemistically called protection. Extortion is commonly practiced by organized crime...
. The High Court imposed an Isaac Wunder order, barring him from further proceedings against the solicitors without the court's approval.
See also
- Vexatious litigationVexatious litigationVexatious litigation is legal action which is brought, regardless of its merits, solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a...
- Frivolous litigationFrivolous litigationIn law, frivolous litigation is the practice of starting or carrying on law suits that, due to their lack of legal merit, have little to no chance of being won. The term does not include cases that may be lost due to other matters not related to legal merit...
- Frivolous or vexatiousFrivolous or vexatiousIn the law of several jurisdictions, such as Ireland and New Zealand, frivolous or vexatious, when used to describe an action such as a complaint or a legal proceeding, is a term used to deny its being heard, or to dismiss or strike out any ensuing judicial or non-judicial processes.While the term...
(formal definition) - BarratryBarratryBarratry is the name of four legal concepts, three in criminal and civil law, and one in admiralty law.* Barratry, in criminal and civil law, is the act or practice of bringing repeated legal actions solely to harass...