Murphy v C (M) and Others
Jurisdiction | Ireland |
Court | High Court |
Judge | O'Sullivan J. |
Judgment Date | 13 March 2001 |
Neutral Citation | [2001] IEHC 34 |
Docket Number | No. 1606p/1999 |
Date | 13 March 2001 |
[2001] IEHC 34
THE HIGH COURT
BETWEEN
AND
Synopsis:
Practice and Procedure
Practice and procedure; application to dismiss plaintiff's claim for failure to furnish statement of claim; whether court may order plaintiff to deliver statement of claim; O.19, r.20, Rules of Superior Courts.
Held: Order granted directing the plaintiff to deliver statement of claim.
Murphy v. C (M) - High Court: O'Sullivan J. - 13/03/2001
The first named defendant sought an order dismissing the plaintiff's claim against him for failure to furnish a statement of claim. O'Sullivan held that the plaintiff should deliver a statement of claim. The plaintiff should do so and counsel would be consulted to discuss same.
JUDGMENT of O'Sullivan J.delivered the 13th of March 2001.
The first named defendant seeks an order dismissing the plaintiff's claim against him for failure to furnish a statement of claim.
An interlocutory order has already being made under Section 3 of the Proceeds of Crime Act and a receiver appointed over the assets of the defendants pursuant to Section 7 thereof. These proceedings were commenced by plenary summons and it is submitted on behalf of the defendant that the Rules of the Superior Courts impose a mandatory requirement on the plaintiff to deliver a statement of claim within specified time limits. This has not been done and the first defendant now seeks an order dismissing the proceedings. The relevant rules are so familiar as not to require recital.
In support of the application, Dr. Forde referred to the judgment of O'Higgins J. in Murphy -v- GM PB PC Ltd., and Another(Unreported, High Court, O'Higgins J., 4th June, 1999), where (at page 87 following) it was held that a statement of claim was not necessary because interlocutory relief only was then being sought and there was noconstitutional requirement to furnish a statement of claim given, as held, that the defendants were aware of the nature of the claim and much of the evidence. Counsel in this motion also sought to distinguish the present case from Murphy in that in the present case an interlocutory order has already being made (as has an order...
To continue reading
Request your trial