| 词条 | Isaac Wunder order |
| 释义 |
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. {{anchor|isaac_wunder_order_origins_aboveheader}}==Origins== In the mid-1960s, the plaintiff in Keaveney v. Geraghty[1] 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.[3] 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 favourable 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". {{anchor|isaac_wunder_order_cases}}Cases
See also
References1. ^[1965] IR 551 [2][3][4]2. ^1 {{Cite court| litigants = Wunder v. Hospitals Trust| court = Supreme Court of Ireland| reporter = (unreported)| date = 24 January 1967}}(Walsh, Haugh and O'Keeffe JJ) 3. ^1 {{cite web| url = http://www.irishtimes.com/newspaper/ireland/2011/0221/1224290420392.html| title = Judge imposes an Isaac Wunder order on Tipperary farmer| publisher = The Irish Times| date = 2011-02-21| accessdate = 2011-06-17}} 4. ^1 {{cite web| url = http://www.thepost.ie/businessoflaw/husband-banned-from-bringing-more-cases-51718.html| title = Husband banned from bringing more cases| author = Kieron Wood| publisher = The Sunday Business Post Online (Ireland)| date = 2010-09-19| accessdate = 2011-06-17}} }} 4 : Civil procedure|Supreme Court of Ireland cases|Republic of Ireland case law|Abuse of the legal system |
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