McHugh -v- McHugh & Anor [2012] IEHC 75 (10 February 2012)

McHugh -v- McHugh & Anor [2012] IEHC 75 (10 February 2012)

Plaintiff lacks locus standi to maintain claims against defendants as only personal representatives may challenge such transactions; claims are barred by statutory limitation periods under s. 9(2) Civil Liability Act 1961; inordinate and inexcusable delay further precludes action; amendments to pleadings do not cure statutory bar.

Citation
[2012] IEHC 75
Parties
Plaintiff: Gerard McHugh; Defendant: Myles McHugh; Defendant: Anthony McHugh
Jurisdiction
Ireland
Judgment Date
10 February 2012
Procedural Posture
Plenary Action / Ruling on Motions to Dismiss and Amend Pleadings
Outcome
Plaintiff's claim dismissed
Legal Topics
Locus Standi, Statutory Limitation, Undue Influence, Delay, Amendment of Pleadings
Succession Law Civil Procedure Locus Standi Statutory Limitation Undue Influence Delay Amendment of Pleadings

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Parties

Gerard McHugh

Plaintiff

Myles McHugh

Defendant

Anthony McHugh

Defendant

Procedural Posture

Plenary Action / Ruling on Motions to Dismiss and Amend Pleadings

Legal Issues

  1. 1 Whether plaintiff has locus standi to challenge the deed of transfer
  2. 2 Whether claims are barred by statutory limitation periods
  3. 3 Whether inordinate and inexcusable delay precludes the action

Ratio Decidendi

Plaintiff lacks locus standi to maintain claims against defendants as only personal representatives may challenge such transactions; claims are barred by statutory limitation periods under s. 9(2) Civil Liability Act 1961; inordinate and inexcusable delay further precludes action; amendments to pleadings do not cure statutory bar.

Court Disposition

Plaintiff's claim dismissed

Orders

  • Defendants' application to dismiss granted
  • Plaintiff's application to amend statement of claim refused