Cranney v Motor Insurers Bureau of Ireland

• Jurisdiction: Ireland
• Judge: Mr. Justice Meenan
• Judgment Date: 13 December 2018
• Neutral Citation: [2018] IEHC 811
• Docket Number: [RECORD NO. 2017/124P],[2017 No. 124 P]
• Court: High Court
• Date: 13 December 2018

[2018] IEHC 811

THE HIGH COURT

Meenan J.

[RECORD NO. 2017/124P]

BETWEEN

ARON CRANNEY

PLAINTIFF

AND

MOTOR INSURERS BUREAU OF IRELAND, HELEN GILLARD, LEITRIM COUNTY COUNCIL

DEFENDANTS

Negligence – Breach of duty – Reasonable cause of action – Defendant seeking the dismissal of the proceedings – Whether the proceedings disclosed no reasonable cause of action and/or were bound to fail

Facts: The plaintiff, Mr Cranney, in proceedings arising out of a road traffic accident that occurred on or about the 7 February 2014 on a pubic roadway known as the Sligo to Manorhamilton Road at or near Difreen, Gleancar, County Leitrim, claimed: 1) damages for personal injury, loss, damage, inconvenience and expense arising as a result of the negligence and breach of duty, including breach of statutory duty, on the part of the defendants, Motor Insurers Bureau of Ireland (the MIBI), Ms Gillard and Leitrim County Council; 2) a declaration that the plaintiff was entitled to compensation from the MIBI pursuant to the terms of the Motor Insurers Bureau of Ireland Agreement (the Agreement) together with an order assessing same; 3) interest pursuant to statute; 4) such further or other order as the High Court should deem fit; and 5) the costs of the proceedings. Notices of Discontinuance were served on the second and third defendants. The MIBI applied to the High Court to dismiss the proceedings pursuant to Order 19, rule 28 of the Rules of the Superior Courts and/or the inherent jurisdiction of the Court on the grounds that the proceedings disclosed no reasonable cause of action and/or were bound to fail. In the alternative, the MIBI sought an order to dismiss the proceedings owing to the plaintiff’s failure to comply with the provisions of the Agreement and, in particular, clause 2.3 thereof.

Held by Meenan J that, having considered O’Flynn and Ors. v Buckley and Ors [2009] 3 IR 311, what is envisaged by clause 2.3 of the Agreement is that when the involvement of the MIBI, representing an unidentified or untraced motorist, is being considered by a court, the MIBI shall be the sole defendant. Meenan J held that it does not follow that the MIBI has to be the sole defendant from the initiation of the proceedings. Therefore, given the service of the Notices of Discontinuances, the MIBI was the sole defendant which, in Meenan J’s view, was in accordance with clause 2.3 of the Agreement.

Meenan J held that the MIBI was not entitled to the reliefs sought.

Reliefs refused.

JUDGMENT of Mr. Justice Meenan delivered on the 13th day of December, 2018

Introduction

1 The motion before the Court is an application brought by the first named defendant, the Motor Insurers Bureau of Ireland (hereinafter referred to as ‘the MIBI’), to dismiss the proceedings pursuant to Order 19, rule 28 of the Rules of the Superior Courts (hereinafter referred to as ‘Order 19, rule 28’) and/or the inherent jurisdiction of the Court on the grounds that the proceedings disclose no reasonable cause of action and/or are bound to fail. In the alternative, the MIBI seeks an Order to dismiss the proceedings owing to the Plaintiff's failure to comply with the provisions of the Motor Insurers” Bureau of Ireland Agreement (hereinafter referred to as ‘the Agreement’) and, in particular, Clause 2.3 thereof.

Background

2 These proceedings arise out of a road traffic accident that occurred on or about the 7 February 2014 on a pubic roadway known as the Sligo to Manorhamilton Road at or near Difreen, Gleancar, County Leitrim. The plaintiff's Personal Injuries Summons (hereinafter referred to as ‘the Summons’)was issued on the 9 January 2017 and was served upon the first named defendant under cover of letter on 5 January 2018. An appearance was entered on behalf of the MIBI on 17 January 2018.

3 The plaintiff alleges, in the Summons, that on the date of the accident, being 7 February 2014, that he was caused to lose control of his vehicle as a result of the presence of deleterious material on the road surface, in particular, oil and/or fuel.

4 It is further pleaded that the said accident was also caused and/or contributed to by reason of the negligence, breach of duty and breach of statutory duty on the part of a Mr Dermot Healy, deceased, in allowing his vehicle to collide with the plaintiff's vehicle. The second named defendant is sued in her capacity as the legal personal representative of the said Mr Healy.

5 The plaintiff further alleges that the accident was caused and/or contributed to by reason of the negligence, breach of duty and breach of statutory duty on the part of the third named defendant in failing to comply with its duties pursuant to the Roads Act 1993 and in failing to keep the said road clear of deleterious materials including oil/and or fuel.

6 At the hearing of the issue, the Court was informed that Notices of Discontinuance had been served on the second and third named defendants and that the MIBI was now the only defendant in the proceedings.

Plaintiff's Claim

7 The plaintiff's claim, as set out in the Summons, seeks:-

‘1. Damages for personal injury, loss, damage, inconvenience and expense arising as a result of the negligence and breach of duty, including breach of statutory duty, on the part of the Defendants.

2. A Declaration that the Plaintiff is entitled to compensation from the first named Defendant pursuant to the terms of the Motor Insurers Bureau Agreement together with an Order assessing same. (emphasis added)

3. Interest pursuant to statute.

4. Such further or other order as this Honourable Court shall deem fit.

5. The costs of the proceedings.’

8 It was arising from Ground 2 that the substantive argument arose during the hearing of the motion before the Court.

The Motor Insurers” Bureau of Ireland Agreement

9 Section 2 of the Agreement states:

‘2. Enforcement of Agreement

A person claiming compensation by virtue of this Agreement… must seek to enforce the provisions of this Agreement by:-

2.1 making a...