C -v- C & Ors [2012] IEHC 537 (07 February 2012)

C -v- C & Ors [2012] IEHC 537 (07 February 2012)

The plaintiff's claim based on promissory estoppel is statute barred as proceedings were not commenced within two years of the testator's death, nor pending at the date of death, and no new evidence was presented; therefore, the action cannot be maintained.

Citation
[2012] IEHC 537
Parties
Plaintiff: F. D. C.; Defendant: A. C.; Defendant: J. O'D.; Defendant: P. O'R.
Jurisdiction
Ireland
Judgment Date
07 February 2012
Procedural Posture
Plenary Summons / Judgment on Motion to Strike Out Proceedings
Outcome
claim dismissed
Legal Topics
Promissory Estoppel, Statute of Limitations, Abuse of Process, Moral Duty in Wills
Succession Law Equity Civil Procedure Promissory Estoppel Statute of Limitations Abuse of Process Moral Duty in Wills

Case Brief

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Parties

F. D. C.

Plaintiff

A. C.

Defendant

J. O'D.

Defendant

P. O'R.

Defendant

Procedural Posture

Plenary Summons / Judgment on Motion to Strike Out Proceedings

Legal Issues

  1. 1 Whether the plaintiff's claim based on promissory estoppel is statute barred under s. 9(2)(b) of the Civil Liability Act 1961
  2. 2 Whether the proceedings constitute an abuse of process under the rule in Henderson v. Henderson

Ratio Decidendi

The plaintiff's claim based on promissory estoppel is statute barred as proceedings were not commenced within two years of the testator's death, nor pending at the date of death, and no new evidence was presented; therefore, the action cannot be maintained.

Court Disposition

claim dismissed

Orders

  • proceedings struck out as statute barred
  • no order as to costs