Egan v. Murphy [1998] IESC 48 (30th November, 1998)

The plaintiff should not be deprived of the right to a jury trial due to a solicitor's error and subsequent delay in discovering the error; the appeal is allowed and time extended accordingly.

Citation: [1998] IESC 48
Parties: Plaintiff: Egan; Defendants: Murphy & Ors
Jurisdiction: Ireland
Procedural Posture: Appeal / Supreme Court Judgment
Outcome: Appeal allowed
Legal Topics: Trial by Jury, Notice of Trial, Procedural Error, Delay in Application

Civil Procedure Personal Injury Trial by Jury Notice of Trial Procedural Error Delay in Application

Case Brief

Summary, issues, holding and outcome

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Parties

Egan

Plaintiff

Murphy & Ors

Defendants

Procedural Posture

Appeal / Supreme Court Judgment

Legal Issues

1 Whether the plaintiff should be permitted to set aside a notice of trial served in error for a judge sitting alone and instead have the case tried by a judge with a jury despite delay in application

Ratio Decidendi

The plaintiff should not be deprived of the right to a jury trial due to a solicitor's error and subsequent delay in discovering the error; the appeal is allowed and time extended accordingly.

Court Disposition

Appeal allowed

Orders

Time extended for plaintiff to signify desire for jury trial