Martin v Ford

JurisdictionIreland
Judgment Date30 October 1965
Date30 October 1965
CourtHigh Court
(H.C.)
Martin
and
Ford

Contributory negligence - Whether plaintiff entitled to particulars - Rules of the Superior Courts, 1962, O. 19, r. 6.

In the absence of special circumstances, the Court will not order a defendant to give further and better particulars of the contributory negligence of the plaintiff which has been pleaded by the defendant. So held by Murnaghan J. Toppin v. Belfast Corporation [1909] 2 I.R. 181 followed, and Atkinson v. Stewart and Partners Ltd.DNI [1954] N.I. 146 considered.

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2 cases
  • Mahon v Celbridge Spinning Company Ltd
    • Ireland
    • Supreme Court
    • 24 Enero 1967
    ...of motions for particulars of any other pleading. So held by the Supreme Court (Haugh, Walsh and FitzGerald JJ.). Martin v. FordIR [1965] I.R. 42 overruled. Mahon v. Celbridge Spinning Co. Ltd. WILLIAM MAHON and THE CELBRIDGE SPINNING CO. LTD (1). Supreme Court. Practice - Pleadings - Contr......
  • People v Shaw
    • Ireland
    • Supreme Court
    • 1 Enero 1982
    ...one. That test derives from certain dicta enunciated in some of the judgments of this Court in The People (Attorney General) v. O'Brien 1965I.R. 42 and it has been applied in a number of subsequent cases. It needs to be said, however, without in any way questioning the correctness of the ac......

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