Guerin v O'Doherty (Approved) [2020] IEHC 490 (12 October 2020)

Guerin v O'Doherty (Approved) [2020] IEHC 490 (12 October 2020)

Service of the plenary summons on KRW Law Advocates LLP was deemed good and effective due to defendant's refusal to accept service and lack of valid undertaking to enter appearance; defendant's application to set aside the order was refused; substituted service order was varied by consent.

Citation
[2020] IEHC 490
Parties
Plaintiff: James Guerin; Defendant: Gemma O'Doherty
Jurisdiction
Ireland
Judgment Date
12 October 2020
Procedural Posture
Defamation / Interlocutory Application to Set Aside and Vary Service Orders
Outcome
defendant's application refused; substituted service order varied by consent; costs awarded to plaintiff
Legal Topics
Service of Process, Substituted Service, Costs, Privacy
Civil Procedure Defamation Service of Process Substituted Service Costs Privacy

Case Brief

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Parties

James Guerin

Plaintiff

Gemma O'Doherty

Defendant

Procedural Posture

Defamation / Interlocutory Application to Set Aside and Vary Service Orders

Legal Issues

  1. 1 whether service of plenary summons on KRW Law Advocates LLP constituted good and effective service
  2. 2 whether the order for substituted service should be varied
  3. 3 whether allegations of wrongdoing against plaintiff's legal team were substantiated

Ratio Decidendi

Service of the plenary summons on KRW Law Advocates LLP was deemed good and effective due to defendant's refusal to accept service and lack of valid undertaking to enter appearance; defendant's application to set aside the order was refused; substituted service order was varied by consent.

Court Disposition

defendant's application refused; substituted service order varied by consent; costs awarded to plaintiff

Orders

  • appearance signed by KRW Law to be disregarded as unfiled
  • KRW Law released from undertakings