Murrin v Sligo County Council & Anor [2005] IEHC 405 (05 December 2005)

Murrin v Sligo County Council & Anor [2005] IEHC 405 (05 December 2005)

As the issues between the defendants regarding contribution and indemnity were not determined in the earlier action and there was no privity between the parties in the relevant sense, issue estoppel does not arise and no abuse of process is present in seeking determination of liability between the defendants in the present proceedings.

Citation
[2005] IEHC 405
Parties
Plaintiff: Damien Murrin; First Defendant: Sligo County Council; Second Defendant: Waste Disposal Sligo Limited
Jurisdiction
Ireland
Judgment Date
05 December 2005
Procedural Posture
Civil Action for Personal Injury / Interlocutory Ruling on Issue Estoppel and Abuse of Process
Outcome
Issue estoppel does not arise; no abuse of process; liability between defendants remains to be determined.
Legal Topics
Issue Estoppel, Contribution and Indemnity, Abuse of Process, Negligence, Personal Injury
Tort Law Civil Procedure Issue Estoppel Contribution and Indemnity Abuse of Process Negligence Personal Injury

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Damien Murrin

Plaintiff

Sligo County Council

First Defendant

Waste Disposal Sligo Limited

Second Defendant

Procedural Posture

Civil Action for Personal Injury / Interlocutory Ruling on Issue Estoppel and Abuse of Process

Legal Issues

  1. 1 Whether issue estoppel applies between the defendants regarding liability in light of prior proceedings
  2. 2 Whether abuse of process arises from seeking determination of liability between defendants in current proceedings

Ratio Decidendi

As the issues between the defendants regarding contribution and indemnity were not determined in the earlier action and there was no privity between the parties in the relevant sense, issue estoppel does not arise and no abuse of process is present in seeking determination of liability between the defendants in the present proceedings.

Court Disposition

Issue estoppel does not arise; no abuse of process; liability between defendants remains to be determined.