Purcell v "The Irish Press"

• Jurisdiction: Ireland
• Judgment Date: 31 March 1944
• Date: 31 March 1944
• Court: High Court

Purcell

and

"The Irish Press"

Circuit Court - Action brought by infant - Lodgment of money in Court by defendants -Failure of plaintiff to accept money lodged within time limited by the rules - Whether time limit applies in case of an infant plaintiff -Jurisdiction of Circuit Court Judge to approve late acceptance - Compromise of action brought by infant - Consent of the Court thereto - Jurisdiction of Circuit Court Judge to measure costs -Rules of the Circuit Court, Or. VII, rr. 9, 10, 12; Or. VIII, rr. 4, 5; Or. XL, rr. 1, 5, 21.

Plaintiff, an infant, by his father as next friend, sued the defendants in the Circuit Court for libel. The defendants filed their defence on 23rd June, 1943, and, with their defence, lodged in Court the sum of £10, in accordance with Or. VII, r. 9, of the Circuit Court Rules, alleging that the sum was sufficient to satisfy the plaintiff's claim. The plaintiff did not accept the sum so lodged within six days as required by Or. VII, r. 10, but served notice of trial on 16th October, 1943. On the 8th November, 1943, he served a notice of motion asking for the approval of the Court to his accepting the sum so lodged. The case came into the list on 10th November, 1943, and the Circuit Court Judge made an order approving of the acceptance of the sum lodged in Court and measuring the defendants' costs at £4 4s. 0d. The defendants' solicitor objected to the...