Murray -v- Irish National Insurance Public Ltd Company & ors [2013] IEHC 513 (08 November 2013)

Murray -v- Irish National Insurance Public Ltd Company & ors [2013] IEHC 513 (08 November 2013)

The plaintiff's claim was struck out because the pleadings did not disclose a cause of action even if all facts alleged were assumed correct, the delay was inordinate and inexcusable, the matter remained subject to unresolved arbitration, and parallel court proceedings were an abuse of process. The plaintiff failed to take steps to progress the arbitration or explain the delay, and the defendants would be prejudiced by the lapse of time.

Citation
[2013] IEHC 513
Parties
Plaintiff: Eamonn Murray; First Defendant: Irish National Insurance Public Limited Company; Second Defendant: New Ireland Assurance Company PLC; Third Defendant: Irish National Pensions Limited
Jurisdiction
Ireland
Judgment Date
08 November 2013
Procedural Posture
Plenary Summons / Application to Strike Out Claim Before Trial
Outcome
Plaintiff's claim struck out
Legal Topics
Striking Out Proceedings, Statute of Limitations, Delay and Abuse of Process, Arbitration and Parallel Proceedings, Employment Pension Disputes
Civil Procedure Employment Law Contract Law Striking Out Proceedings Statute of Limitations Delay and Abuse of Process Arbitration and Parallel Proceedings Employment Pension Disputes

Case Brief

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Parties

Eamonn Murray

Plaintiff

Irish National Insurance Public Limited Company

First Defendant

New Ireland Assurance Company PLC

Second Defendant

Irish National Pensions Limited

Third Defendant

Procedural Posture

Plenary Summons / Application to Strike Out Claim Before Trial

Legal Issues

  1. 1 Whether the plaintiff's claim should be struck out for inordinate and inexcusable delay
  2. 2 Whether the pleadings disclose a cause of action
  3. 3 Whether the proceedings are an abuse of process due to parallel arbitration

Ratio Decidendi

The plaintiff's claim was struck out because the pleadings did not disclose a cause of action even if all facts alleged were assumed correct, the delay was inordinate and inexcusable, the matter remained subject to unresolved arbitration, and parallel court proceedings were an abuse of process. The plaintiff failed to take steps to progress the arbitration or explain the delay, and the defendants would be prejudiced by the lapse of time.

Court Disposition

Plaintiff's claim struck out

Orders

  • Order striking out the plaintiff’s claim pursuant to O. 19, r. 28 of the Rules of the Superior Courts and under the inherent jurisdiction of the court