O'Toole v Ireland

JurisdictionIreland
JudgeMR JUSTICE DECLANCOSTELLO
Judgment Date01 January 1992
Neutral Citation1991 WJSC-HC 1230
Date01 January 1992
Docket NumberNo.55.13P/1990
CourtHigh Court
O'TOOLE v. IRELAND & AG

BETWEEN

BETWEEN

RICHARD O'TOOLE AND GPA GROUP plc
Plaintiffs

AND

IRELAND, THE ATTORNEY GENERAL, THE MINISTER FOR TOURISM ANDTRANSPORT, THE EUROPEAN ORGANISATION FOR THE SAFETY OF AIR NAVIGATION(EUROCONTROL) AND BANQUE BRUXELLES LAMBERT
Defendants

1991 WJSC-HC 1230

No.55.13P/1990

THE HIGH COURT

Synopsis:

WORDS AND PHRASES

"Proper party"

Summons - Service - Service abroad - Plaintiff's claim - Declaration that enactment invalid under Constitution - Foreign party was not a proper party - (1990/5513 P - Costello J. - 25/1/91) - [1992] ILRM 218

|O'Toole v. Ireland|

Citations:

RSC O.12 r26

CONVENTION ON JURISDICTION & ENFORCEMENT OF JUDGMENTS IN CIVIL & COMMERCIAL MATTERS 1968 ART 1

RSC O.11 r1(h)

AIR NAVIGATION & TRANSPORT ACT 1988

TRANSCRIPT OF JUDGMENT
1

DELIVERED BY THE HONOURABLE MR JUSTICE DECLANCOSTELLOON 25TH JANUARY 1991

APPEARANCES

For the Plaintiff:

Niall Fennelly, S6

Denis McDonald, BL

Instructed by

McCann Fitzgerald,

For the Fourth-Named Defendant and Moving Party:

Peter Kelly, SC

D Hogan, BL

Instructed by

A & L Goodbody

2

This is an application brought by Eurocontrol under the provisions of Order 12, Rule 26 by which the Court is asked to set aside the Notice of Summons of 21st June 1990 and the Order of the Court of 28th May 1990 authorising such service.

3

I think this application should succeed. It has been brought on two separate grounds. The first ground is that the proceedings with which Eurocontrol is concerned is in fact a-civil and commercial matter within the meaning of Article I of the Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters 1968.

4

I have been referred to a decision of the European Court of Justice in relation to the meaning of the term "civil and commercial matters" in the Judgments Convention. It would appear that there is considerable force in the submission made on the Plaintiff's behalf that this dispute between the Plaintiff and Eurocontrol is not by virtue of that judgment a civil and commercial matter. But I do not wish to express any final view on that point and I do not base today's judgment on the argument based upon the 1968 Convention. Instead, I intend to base my judgment on the construction of the Superior Court Rules.

5

When the Applicant applied to the High Court for leave to serve notice of the Summons out of the jurisdiction the only basis on which a claim for jurisdiction of the Irish Court to try the matter was put forward was Order 11, Rule 1(h). Order 11, Rule 1(h) could only be relied upon if the Plaintiff could show thatEurocontrol was a necessary and proper party to the proceedings...

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