Morrow -v- Fields of Life Trust Ltd & anor [2018] IEHC 70 (05 February 2018)

The error in naming the party was not a clerical error but arose from a misguided state of mind, thus O.63, r.1(15) cannot be invoked to amend the party name.

Citation: [2018] IEHC 70
Parties: Defendant: Hatty Limited; Third Party: J Hatty & Co.
Jurisdiction: Ireland
Judgment Date: 05 February 2018
Procedural Posture: Application to Amend Party Name / Post Hearing Judgment
Outcome: application refused
Legal Topics: Amendment of Party Names, Clerical Errors, Joinder of Parties

Civil Procedure Amendment of Party Names Clerical Errors Joinder of Parties

Case Brief

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Parties

Hatty Limited

Defendant

J Hatty & Co.

Third Party

Procedural Posture

Application to Amend Party Name / Post Hearing Judgment

Legal Issues

1 Whether O.63, r.1(15) permits amendment of party name due to error
2 Distinction between clerical errors and errors arising from lack of knowledge or wrong information

Ratio Decidendi

The error in naming the party was not a clerical error but arose from a misguided state of mind, thus O.63, r.1(15) cannot be invoked to amend the party name.

Court Disposition

application refused

Orders

Defendants are granted time to consider the judgment and decide on any further motion.