O'Shea v Mallow Urban District Council

• Jurisdiction: Ireland
• Court: High Court
• Judge: Mr. Justice Morris
• Judgment Date: 01 January 1994
• Neutral Citation: 1993 WJSC-HC 4294
• Docket Number: No. 277p/1992,[1992 No. 277P]
• Date: 01 January 1994

O'SHEA v. MALLOW UDC

BETWEEN

MARTIN O'SHEA

PLAINTIFF

AND

MALLOW URBAN DISTRICT COUNCIL, COUNTY COUNCIL OF THE COUNTYOF CORK AND ULSTER BANK LIMITED

DEFENDANTS

1993 WJSC-HC 4294

No. 277p/1992

THE HIGH COURT

Synopsis:

ACTION

Remittal

High Court - Jurisdiction - Grounds - Statute - Interpretation - Plaintiff - Personal injuries - Injuries thought to have been more serious when plenary summons issued - Remittal to Circuit Court sought by plaintiff - Plaintiff's motion granted notwithstanding that choice of High Court was reasonable - (1992/277 P - Morris J. - 30/7/93) - [1994] 2 I.R. 117 - [1993] ILRM 884

|O'Shea v. Mallow Urban District Council|

HIGH COURT

Action

Remittal - Grounds - Statute - Interpretation - Plaintiff - Personal injuries - Injuries thought to have been more serious when plenary summons issued - Remittal to Circuit Court sought by plaintiff - Plaintiff's motion granted notwithstanding that choice of High Court was reasonable - Courts of Justice Act, 1924, s. 25 - Courts of Justice Act, 1936, ss. 11, 20 - (1992/277 P - Morris J. - 30/7/93) - [1994] 2 I.R. 117 - [1993] ILRM 884

|O'Shea v. Mallow Urban District Council|

PRACTICE

Action

Remittal - Grounds - Statute - Interpretation - Plaintiff - Personal injuries - Injuries thought to have been more serious when plenary summons issued - Remittal to Circuit Court sought by plaintiff - Plaintiff's motion granted notwithstanding that choice of High Court was reasonable - (1992/277 P - Morris J. - 30/7/93) - [1994] 2 I.R. 117 - [1993] ILRM 884

|O'Shea v. Mallow Urban District Council|

Citations:

COURTS OF JUSTICE ACT 1924 S25

COURTS OF JUSTICE ACT 1936 S11

COURTS OF JUSTICE ACT 1936 S11(2)(a)

COURTS OF JUSTICE ACT 1936 S20

1 Judgment of Mr. Justice Morrisdelivered the 30th day of July 1993.

2 This is an application brought by the Plaintiff seeking an Order that the hearing of this action be remitted to the Circuit Court in the County of Cork. The application is based on the Affidavit of the Solicitor for the Plaintiff who says that the action arises out of an accident that occurred in Main Street, Mallow when the Plaintiff stepped off the roadway and fell heavily on a defective or damaged path and suffered personal injuries. He says that at the time when the proceedings were instituted it was thought that the Plaintiff's injuries were serious and it was thought that the Plaintiff's damages might exceed the jurisdiction of the Circuit Court....