Supreme Court Guidance On Litigation Limits

Introduction

The Irish judiciary has long been cognisant of the rights of all parties – whether represented or unrepresented – to access the courts and have a right to a fair hearing. However, due to straitened economic circumstances, litigation is increasingly conducted by litigants in person, meaning that strict compliance with court processes and procedures is not always possible. Although genuine litigants are typically treated flexibly and often sympathetically, there is well-known jurisdiction to preclude serial vexatious litigants from pursuing spurious cases. The Supreme Court recently offered some guidance¹ with regard to the allocation of court resources and the extent to which litigants (and particularly litigants in person) might be indulged by the court, all of which is potentially relevant when a claim might be perceived as having little merit.