Purcell -v- Tesco Ireland Ltd & anor [2018] IEHC 68 (14 February 2018)

Purcell -v- Tesco Ireland Ltd & anor [2018] IEHC 68 (14 February 2018)

The amendment sought by the plaintiff merely clarifies the factual circumstances of the alleged injury without introducing a new cause of action or a large range of new facts. No prejudice to the defendants arises from allowing the amendment, and any potential prejudice could be addressed by procedural means. The...

Source-derived case information.

Citation
[2018] IEHC 68
Parties
Plaintiff: Anthony Purcell; Defendant: Tesco Ireland Ltd; Defendant: David McInerney
Jurisdiction
Ireland
Judgment Date
14 February 2018
Procedural Posture
Personal Injuries Appeal / Appeal From Circuit Court Refusal to Amend Pleadings
Outcome
Appeal allowed
Legal Topics
Amendment of Pleadings, Personal Injury, Prejudice, Procedural Fairness
Tort Law Civil Procedure Amendment of Pleadings Personal Injury Prejudice Procedural Fairness

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Summary, issues, holding and outcome

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Parties

Anthony Purcell

Plaintiff

Tesco Ireland Ltd

Defendant

David McInerney

Defendant

Procedural Posture

Personal Injuries Appeal / Appeal From Circuit Court Refusal to Amend Pleadings

Legal Issues

  1. 1 Whether the plaintiff should be permitted to amend his personal injuries summons to clarify the factual circumstances of the alleged injury
  2. 2 Whether the proposed amendment introduces new facts or a new cause of action
  3. 3 Whether allowing the amendment would prejudice the defendants

Ratio Decidendi

The amendment sought by the plaintiff merely clarifies the factual circumstances of the alleged injury without introducing a new cause of action or a large range of new facts. No prejudice to the defendants arises from allowing the amendment, and any potential prejudice could be addressed by procedural means. The appeal is allowed and the amendment is permitted.

Court Disposition

Appeal allowed

Orders

  • Amendment of personal injuries summons permitted