Is the game worth the candle? – Court of Appeal clarifies the test for abuse of process


The Court of Appeal (CoA) recently ruled on the issue of when a claim will be struck out for abuse of process in the related appeals of Gilchrist / Rogers v Sunday Newspapers Limited, Colm McGinty and Nicola Tallant [2017] IECA 190. The CoA rejected the approach adopted in England, essentially a ‘cost v. benefit’ analysis, and confirmed a more restrictive ‘no benefit’ test which must be met by defendants in Ireland to have a claim struck out for abuse of process.

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