Baulk v Irish National Insurance Company Ltd

JurisdictionIreland
Judgment Date01 January 1971
Date01 January 1971
Docket Number[1964. No. 1091 P]
CourtSupreme Court
(S.C.)
Baulk
and
Irish National Insurance Co. Ltd

Summons - Renewal -Failure to serve summons while it was in force-Whether summons a nullity - Subsequent application for leave to renew summons made after cause of action statute-barred - Extension of period allowed for making application - Rules of the Superior Courts, 1962 (S.I. No. 72 of 1962), Or. 8, r. 1 and Or. 108, r. 7.

On the 9th August, 1962, the plaintiff suffered personal injuries when a motor car, in which he was travelling as a passenger, was involved in an accident. The driver of the car died soon afterwards. The defendants were the insurers who were on risk. The plaintiff applied, on notice to the defendants to the High Court and obtained leave to institute...

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60 cases
  • Desmond Monahan v Kevin Byrne and Another
    • Ireland
    • High Court
    • April 27, 2015
    ...the court, in the interest of doing justice between the parties, to grant the renewal". See Baulk v. Irish National Insurance Company Ltd [1969] I.R. 66, Walsh J. at page 71. This must be assessed as at the date of the application for renewal. See Bingham v. Crowley cited above, Feeney J. I......
  • McCooey v Minister for Finance
    • Ireland
    • Supreme Court
    • December 16, 1971
    ...Courts. 2. That, accordingly, the plaintiff's summons should be renewed for six months. Baulk v. Irish National Insurance Co. Ltd.IR [1969] I.R. 66 applied. McCooey v. Minister for Finance RAYMOND McCOOEY Plaintiff and THE MINISTER FOR FINANCE and ARTHUR McGEOUGH Defendants. [1968. No. 1671......
  • O'Riordan v Maher and Others
    • Ireland
    • High Court
    • July 10, 2012
    ...98, [2005] 1 ILRM 290; Stephens v Paul Flynn Ltd [2005] IEHC 148, (Unrep, Clarke J, 28/4/2005); Baulk v Irish National Insurance Company [1969] IR 66; McCooey v Minister for Finance [1971] IR 159, O'Brien v Fahy (Unrep, SC, 21/3/1997); Rainsford v Limerick Corporation [1995] 2 ILRM 561 an......
  • Bula Ltd v Crowley
    • Ireland
    • Supreme Court
    • February 13, 2003
    ...V CENTRAL BANK OF IRELAND 1976–1977 ILRM 50 IRISH LAND COMMISSION V RYAN & ORS 1900 2 IR 565 BAULK V IRISH NATIONAL INSURANCE COMPANY LTD 1969 IR 66 1 13th day of February, 2003 by Denham J. [NEM 1. Litigation 2 Three appeals are considered in this judgment. These appeals are part of a long......
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