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The Court of Appeal upheld the High Court's decision, refusing to amend the appellant's "cross notice of motion" in a case involving various claims against multiple defendants. The appellant's motion was deemed unnecessary and its amendment was rejected as it would not affect the outcome of the original motion brought by the respondents. The High Court had allowed the respondents to amend their motion to seek dismissal of the proceedings, which was challenged by the appellant on various grounds, including alleged bias and denial of fair procedure. However, the Court of Appeal found no merit in the appellant's arguments and dismissed the appeal, emphasising that such "cross notices of motion" should be discouraged to avoid needless procedural complexity and expense.
Court of Appeal, High Court, "cross notice of motion", amendment of motion, dismissal of proceedings, abuse of process, due process, natural justice, Bunreacht na hÉireann (Irish Constitution), European Convention on Human Rights, Rules of the Superior Courts (RSC), Order 27 rule 1, Order 28, litigation prejudice, procedural complexity, costs of appeal.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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