Rubotham (an Infant) v M B Bakeries Ltd

• Jurisdiction: Ireland
• Judge: Mr. Justice Morris
• Judgment Date: 01 January 1993
• Neutral Citation: 1992 WJSC-HC 2762
• Docket Number: No. 8539P/1989
• Court: High Court
• Date: 01 January 1993

RUBOTHAM v. M & B BAKERIES LTD

10.45 Thursday

BETWEEN

MICHAEL RUBOTHAM (AN INFANT) SUING BY HIS MOTHER AND NEXT FRIEND BERNADETTE RUBOTHAM

PLAINTIFF

AND

M. & B. BAKERIES LIMITED (IN LIQUIDATION) AND THE IRISH NATIONAL INSURANCE COMPANY PLC.

DEFENDANTS

1992 WJSC-HC 2762

No. 8539P/1989

THE HIGH COURT

Synopsis:

PRACTICE

Pleadings

Amendment - Delay - Minor - Personal injuries - Damages - Action - Settlement - Compensation unpaid - Insolvency of party to settlement - Minor seeking to obtain payment from insurer of party to settlement - Amendment seeking rescission of settlement - Rules of the Superior Courts, 1986, order 28, r. 6 - (1989/8539 P - Morris J. - 2/7/92) - [1993] ILRM 219

|Rubotham v. M. & B. Bakeries Ltd.|

Citations:

RSC O.28 r6

RSC O.28 r1

1 Judgment of Mr. Justice Morris delivered the 2nd day of July 1992

2 This is an application brought by the Plaintiff under Order 28 Rule 6 of the Superior Court Rules seeking leave to amend his Statement of Claim in a comprehensive manner.

3 The circumstances in which the necessity to amend arises are as follows. The Plaintiff is now 14 years of age having been born on the 17th of May 1978. He sustained severe injuries when he suffered burning on the 17th of December 1980. He was in the first named Defendants' van when it went on fire. He instituted proceedings against the first named Defendant claiming that the fire in the van was occasioned by its negligence and it was alleged that there was a fault in the way in which the battery was fitted to the van. This action came on for hearing on the 15th of July 1986 when a settlement was reached, subject to the approval of the Court, for the sum of £150,000 and costs. The settlement was approved by the Court and by Consent an Order was made staying execution of the Order for a period of six months.

4 A Provisional Liquidator was appointed over the assets of the first named Defendant's Company by Order of the Court on the 4th of June 1987. The amount of the settlement was never paid.

5 The present action was instituted by way of Plenary Summons issued on the 18th of July 1989 against both the original Defendant, who is the first named Defendant in this action, and the Irish National Insurance Company Plc. and the Plaintiff claims a Declaration in his Plenary Summons that the Insurance Company who held cover on the first named Defendant's vehicle are obliged to discharge the damages by reason of a policy of insurance which they had issued covering the first...