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Abuse of process,frivilous and vexatious

  • 06-12-2007 12:32pm
    #1
    pirelli
    Registered Users, Registered Users 2 Posts: 2,876 ✭✭✭


    In a the hypotetical scenario where two turf cutters were at a Turf harvest celebration. One was from the south and the other the north west. Now for imagine the southern turf cutter got intoxicated and approached the turf cutter from the north and started pulling the tie from his/her neck Causing some discomfort in breathing. The northern turf cutter pushed away the southern turf cutter who didnt let go of the tie but stumbled and held on still causing discomfort to the northern turf cutters breathing. The north turf cutter twists his/her tie free and the southern turf cutter stumbles away.
    A dozen turf cutters also witnessed this event. It was more embarrassing then personally injurious. However the northern turf cutter suspects he/she lost some sales because of the incident and wants some justice. He didnt prosecute within the first 6 months and has lost the statute of limitations for prosecuting. What could the northern turf cutter do to get even.

    Could he bring a personal injury claim or would that be an abuse of process as their was only very very minor bruising more of a red rash and discomfort for a day. It seems very frivilous a claim. Is it frivilous.?


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