Morgan & anor -v Fairview Developments Ltd & ors [2016] IEHC 520 (10 March 2016)

Morgan & anor -v Fairview Developments Ltd & ors [2016] IEHC 520 (10 March 2016)

The Court held that, given unresolved factual and legal issues regarding the identity of the responsible party and the timing of loss or damage, it is appropriate to join Ruxton Architectural Services Limited as a defendant. The Court cannot determine the limitation issue at this stage and must take the plaintiffs' submissions at their height.

Citation
[2016] IEHC 520
Parties
Plaintiff: Breffini Morgan; Plaintiff: Laura Morgan; Defendant: Fairview Developments Limited; Defendant: Patrick Ruxton (trading as Patrick Ruxton Architectural Services); Defendant: Liberty Corporate Capital Limited; Proposed Defendant: Ruxton Architectural Services Limited
Jurisdiction
Ireland
Judgment Date
10 March 2016
Procedural Posture
Interlocutory Application in Civil Proceedings / Application to Join Additional Defendant
Outcome
Application granted
Legal Topics
Joinder of Parties, Statute of Limitations, Costs
Civil Procedure Joinder of Parties Statute of Limitations Costs

Case Brief

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Parties

Breffini Morgan

Plaintiff

Laura Morgan

Plaintiff

Fairview Developments Limited

Defendant

Patrick Ruxton (trading as Patrick Ruxton Architectural Services)

Defendant

Liberty Corporate Capital Limited

Defendant

Ruxton Architectural Services Limited

Proposed Defendant

Procedural Posture

Interlocutory Application in Civil Proceedings / Application to Join Additional Defendant

Legal Issues

  1. 1 Whether Ruxton Architectural Services Limited should be joined as a defendant under Order 15 Rule 13 of the Rules of the Superior Courts
  2. 2 Whether the claim against the proposed defendant is statute barred
  3. 3 Whether concealment or honest mistake affected the limitation period

Ratio Decidendi

The Court held that, given unresolved factual and legal issues regarding the identity of the responsible party and the timing of loss or damage, it is appropriate to join Ruxton Architectural Services Limited as a defendant. The Court cannot determine the limitation issue at this stage and must take the plaintiffs' submissions at their height.

Court Disposition

Application granted

Orders

  • Ruxton Architectural Services Limited to be joined as a defendant
  • Second named defendant to pay the costs of the application, with a stay on execution until proceedings are determined