Bird v. Devine & Ors [2004] IEHC 324 (17 May 2004)

Bird v. Devine & Ors [2004] IEHC 324 (17 May 2004)

The amendment should be allowed because there is no evidence of irremediable prejudice to the defendants, the right to litigate is constitutionally protected, and the delay is justified by the clarification of law in Laurentiu. The balance of justice favors allowing the amendment.

Citation
[2004] IEHC 324
Parties
Plaintiff: Marie Bird; Defendant: James Devine; Defendant: The Motor Insurers' Bureau of Ireland; Defendant: Ireland; Defendant: The Attorney General
Jurisdiction
Ireland
Judgment Date
17 May 2004
Procedural Posture
Civil / Application to Amend Pleadings
Outcome
Amendment to pleadings allowed
Legal Topics
Amendment of Pleadings, Right of Access to Courts, Delegation of Legislative Power, Delay in Litigation
Constitutional Law Civil Procedure Amendment of Pleadings Right of Access to Courts Delegation of Legislative Power Delay in Litigation

Case Brief

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Parties

Marie Bird

Plaintiff

James Devine

Defendant

The Motor Insurers' Bureau of Ireland

Defendant

Ireland

Defendant

The Attorney General

Defendant

Procedural Posture

Civil / Application to Amend Pleadings

Legal Issues

  1. 1 Whether the plaintiff should be permitted to amend pleadings to add a constitutional challenge under Article 15.2.1° to section 65(1)(a) of the Road Traffic Act 1961 twelve years after the accident
  2. 2 Whether the delay in raising the constitutional issue is excusable
  3. 3 Whether the amendment would cause irremediable prejudice to the defendants

Ratio Decidendi

The amendment should be allowed because there is no evidence of irremediable prejudice to the defendants, the right to litigate is constitutionally protected, and the delay is justified by the clarification of law in Laurentiu. The balance of justice favors allowing the amendment.

Court Disposition

Amendment to pleadings allowed

Orders

  • Plaintiff permitted to amend pleadings to add constitutional challenge under Article 15.2.1°
  • Costs of the application awarded to the defendants, to be taxed in default of agreement, with a stay on execution pending further order of the court