Wildgust v. Bank of Ireland [2000] IESC 10; [2001] 1 ILRM 24 (13th April, 2000)

Wildgust v. Bank of Ireland [2000] IESC 10; [2001] 1 ILRM 24 (13th April, 2000)

The plaintiffs' statement of claim did not sufficiently plead a claim in negligent misstatement under Hedley Byrne principles; amendment of the pleadings was necessary. However, the defendant was generally aware of the nature of the claim during the proceedings, and any prejudice could be remedied by a brief adjournment for amendment rather than a full retrial. The trial should continue before the same judge after amendment, and costs to date should be treated as part of the overall costs to be determined at the conclusion of the trial.

Citation
[2000] IESC 10
Parties
Plaintiff/appellant: Harry Wildgust; Plaintiff/appellant: Carrigowen Limited; First Defendant/respondent: Bank of Ireland; Second Defendant/respondent: Norwich Union
Jurisdiction
Ireland
Procedural Posture
Appeal / Appeal From High Court Judgment and Orders
Outcome
Appeal allowed in part
Legal Topics
Pleadings, Negligent Misstatement, Amendment of Pleadings, Costs
Civil Procedure Tort Law Pleadings Negligent Misstatement Amendment of Pleadings Costs

Case Brief

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Parties

Harry Wildgust

Plaintiff/appellant

Carrigowen Limited

Plaintiff/appellant

Bank of Ireland

First Defendant/respondent

Norwich Union

Second Defendant/respondent

Procedural Posture

Appeal / Appeal From High Court Judgment and Orders

Legal Issues

  1. 1 Whether the plaintiffs' claim in negligent misstatement was sufficiently pleaded in the statement of claim
  2. 2 Whether the defendant was prejudiced by the lack of clarity in the pleadings
  3. 3 Whether the trial should continue before the same judge after amendment of pleadings

Ratio Decidendi

The plaintiffs' statement of claim did not sufficiently plead a claim in negligent misstatement under Hedley Byrne principles; amendment of the pleadings was necessary. However, the defendant was generally aware of the nature of the claim during the proceedings, and any prejudice could be remedied by a brief adjournment for amendment rather than a full retrial. The trial should continue before the same judge after amendment, and costs to date should be treated as part of the overall costs to be determined at the conclusion of the trial.

Court Disposition

Appeal allowed in part

Orders

  • Plaintiffs to serve amended statement of claim within 21 days
  • Defendant may file amended defence within 28 days of delivery of amended statement of claim