Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
High Court, in proceedings which claim that the plaintiff never received monies arising from a settled personal injuries claim arising from a road traffic accident when the plaintiff was nine years old, dismisses the proceedings against two solicitors on the grounds that they had no conceivable involvement of any description in the events complained of, and dismisses the proceedings against the other solicitor on the grounds that due to the delay of 34 years from the date of the alleged wrongdoing, the solicitor has suffered irreparable prejudice, including the death of the one person who could refute the claim.
Application to dismiss claim on the ground that no reasonable cause of action has been disclosed or, alternatively, on the grounds of delay - on the 6th July, 1971, when the plaintiff was nine and a half years of age, he was involved in a road traffic accident while cycling on the public highway in Cork when he was struck by a lorry owned by Cork Corporation – proceedings brought on his behalf and settled for the sum of IR£1250 – when he reached his majority an application was made to pay out the balance – alleges that he was not the deponent – alleges that the signature was a forgery - alleges that he never received any of the money paid out of court – estranged from his mother – alleges that he knew nothing of the case until his father’s funeral in 2014 – principal of office who represented him has died – solicitors firm merged with another firm – proceedings brought by the plaintiff as litigant in person – two defendants were part of the new firm and had no conceivable involvement of any description in the events complained of – remaining defendant was the son of solicitor retained and was a partner in that firm - unaware of anything to do this matter prior to being contacted by the plaintiff in 2015 - all files of the practice prior to the year 2000 have long since been destroyed – bank has destroyed all the relevant files - died over eighteen years prior to commencement of these proceedings which themselves relate to events that occurred over 34 years prior to such commencement – delay – court obliged to take the plaintiff’s case at its height – delay was inordinate but excusable – prejudice - grossest imaginable prejudice is the death of the defendant himself in a case where the basic facts are disputed by one person's word against another's – nobody but the deceased solicitor could refute the claim.
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.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.