Dowling & Ors v Ireland & Ors (Approved) [2023] IEHC 38 (27 January 2023)

Dowling & Ors v Ireland & Ors (Approved) [2023] IEHC 38 (27 January 2023)

The perfected order did not fully and precisely reflect the oral order as pronounced, particularly regarding the duration of the adjournment and the correct identification of parties. The order was amended to clarify that the adjournment is pending the hearing and determination by the High Court (not including appeals) of the solicitor's motion to come off record, to correct the numbering of plaintiffs, and to clarify the nature of the solicitor's intervention. The slip rule application was allowed in part.

Citation
[2023] IEHC 38
Parties
Plaintiff: Gerard Dowling; Plaintiff: Padraig McManus; Plaintiff: Piotr Skoczylas; Plaintiff: Scotchstone Capital Fund Limited; Defendant: Ireland; Defendant: The Attorney General; Defendant: The Minister for Finance
Jurisdiction
Ireland
Judgment Date
27 January 2023
Procedural Posture
Plenary Summons / Application to Amend a Perfected Court Order (slip Rule)
Outcome
Slip rule application allowed in part
Legal Topics
Slip Rule, Amendment of Court Orders, Legal Representation of Companies, Adjournment of Proceedings
Civil Procedure Constitutional Law Company Law Slip Rule Amendment of Court Orders Legal Representation of Companies Adjournment of Proceedings

Case Brief

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Parties

Gerard Dowling

Plaintiff

Padraig McManus

Plaintiff

Piotr Skoczylas

Plaintiff

Scotchstone Capital Fund Limited

Plaintiff

Ireland

Defendant

The Attorney General

Defendant

The Minister for Finance

Defendant

Procedural Posture

Plenary Summons / Application to Amend a Perfected Court Order (slip Rule)

Legal Issues

  1. 1 Whether the perfected court order accurately reflected the oral order pronounced in court on 17 January 2023
  2. 2 Whether the order should be amended under the slip rule to clarify the duration and basis of the adjournment and correct errors in party designation

Ratio Decidendi

The perfected order did not fully and precisely reflect the oral order as pronounced, particularly regarding the duration of the adjournment and the correct identification of parties. The order was amended to clarify that the adjournment is pending the hearing and determination by the High Court (not including appeals) of the solicitor's motion to come off record, to correct the numbering of plaintiffs, and to clarify the nature of the solicitor's intervention. The slip rule application was allowed in part.

Court Disposition

Slip rule application allowed in part

Orders

  • The perfected order is amended to clarify the duration of adjournment as pending hearing and determination by the High Court of the motion to come off record.
  • The order is amended to correct the numbering of plaintiffs.