Ward v Kinahan Electrical Ltd

• Jurisdiction: Ireland
• Court: High Court
• Judgment Date: 01 January 1984
• Docket Number: [1977 No. 2638P]
• Date: 01 January 1984

High Court

[1977 No. 2638P]

Ward v. Kinahan Electrical

Peter Ward

Plaintiff

and

Kinahan Electrical Limited

Defendant

Cases mentioned in this report:—

¹ Macauley v. The Minister for Posts and Telegraphs [1966] I.R. 345.

² The People (Attorney General) v. Conmey [1975] I.R. 341.

Constitution - Statute - Validity - Practice - Action - Transfer - Power of High Court to transfer action to Circuit Court - Courts of Justice Act, 1924 (No. 10), s. 25 - Courts of Justice Act, 1936 (No. 48), s. 11 - Constitution of Ireland, 1937, Articles 34, 36, 50.

Motion on Notice.

On the 30th May, 1977 the plaintiff issued a plenary summons in the High Court in which he claimed damages for personal injuries which, he alleged, had been caused on the 27th August, 1975, by the negligence of the defendant or by his breach of statutory duty. The defendant applied to the court pursuant to order 49, r. 7, of the Rules of the Superior Courts, 1962, for an order transferring the plaintiff's action to the Circuit Court. On the 30th April, 1979, the High Court (D'Arcy J.) made an order, by consent of the parties, directing that an issue be tried to determine whether the provisions of s. 25 of the Courts of Justice Act, 1924, as amended by s. 11 of the Courts of Justice Act, 1936, were inconsistent with the provisions of Article 34 of the Constitution of Ireland, 1937. The Attorney General was informed of that issue by a notice served by the plaintiff pursuant to order 60 of the Rules of 1962.

The Circuit Court has jurisdiction in cases of tort where the amount of the claim does not exceed £15,000—see s. 2 of the Courts Act, 1981.

Section 25 of the Courts of Justice Act, 1924, provides:—

"25. Where any action shall be pending in the High Court which might have been commenced in the Circuit Court, any party to such action may, at any time before service of notice of trial therein, apply to the High Court that the action be remitted or transferred to the Circuit Court, and thereupon, in case the court shall consider that the action is fit to be prosecuted in the High Court, it may retain such action therein, or if it shall not consider the action fit to be prosecuted in the High Court it may remit or transfer such action to the Circuit Court or (where the action might have been commenced in the District Court) the District Court, to be prosecuted before the Judge assigned to such Circuit or (as the case may require) the Justice assigned to such District, as may appear to the High Court suitable and convenient, upon such terms, in either case and subject to such conditions, as to...