McHugh v The Minister for Environment & ors (Unapproved) [2020] IECA 128 (09 March 2020)

McHugh v The Minister for Environment & ors (Unapproved) [2020] IECA 128 (09 March 2020)

The trial judge correctly exercised discretion to extend time for delivery of defence due to substantial amendment of statement of claim; defence was not non-compliant; no legal basis to estop defendants from pleading Statute of Limitations.

Citation
[2020] IECA 128
Parties
Plaintiff/appellant: Harry McHugh; Defendants/respondents: The Minister for Environment, Community and Local Government, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
09 March 2020
Procedural Posture
Civil Appeal / Appeal From High Court Orders
Outcome
appeal dismissed
Legal Topics
Default Judgment, Pleadings, Amendment of Statement of Claim, Strike Out Application, Statute of Limitations
Civil Procedure Default Judgment Pleadings Amendment of Statement of Claim Strike Out Application Statute of Limitations

Case Brief

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Parties

Harry McHugh

Plaintiff/appellant

The Minister for Environment, Community and Local Government, Ireland and the Attorney General

Defendants/respondents

Procedural Posture

Civil Appeal / Appeal From High Court Orders

Legal Issues

  1. 1 Whether plaintiff is entitled to judgment in default of defence under O.27, r.8(1) of the Rules of the Superior Courts
  2. 2 Whether the defence should be struck out for alleged non-compliance with the Rules
  3. 3 Whether defendants can be estopped from pleading the Statute of Limitations

Ratio Decidendi

The trial judge correctly exercised discretion to extend time for delivery of defence due to substantial amendment of statement of claim; defence was not non-compliant; no legal basis to estop defendants from pleading Statute of Limitations.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; High Court orders affirmed.