Murphy v. Ballyclough Co-Operative Creamery Ltd. [1998] IEHC 197 (27th February, 1998)

Murphy v. Ballyclough Co-Operative Creamery Ltd. [1998] IEHC 197 (27th February, 1998)

Plaintiff is estopped from pursuing claim against first and second-named defendants due to clear representation that no claim would be made, relied upon by defendants to their detriment, resulting in prejudice.

Citation
[1998] IEHC 197
Parties
Plaintiff: Murphy; First Defendant: Ballyclough Co-Operative Creamery Ltd.; Second Defendant: Second-named defendant
Jurisdiction
Ireland
Procedural Posture
Personal Injury/negligence / Motion to Amend Statement of Claim and Motion to Strike Out Claim
Outcome
Plaintiff's claim against first and second-named defendants struck out; plaintiff's application to amend statement of claim refused.
Legal Topics
Estoppel, Negligence, Amendment of Pleadings
Civil Law Equity Estoppel Negligence Amendment of Pleadings

Case Brief

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Parties

Murphy

Plaintiff

Ballyclough Co-Operative Creamery Ltd.

First Defendant

Second-named defendant

Second Defendant

Procedural Posture

Personal Injury/negligence / Motion to Amend Statement of Claim and Motion to Strike Out Claim

Legal Issues

  1. 1 Whether plaintiff can amend statement of claim to reactivate claim against first and second-named defendants
  2. 2 Whether plaintiff is estopped from pursuing claim against first and second-named defendants due to prior representations

Ratio Decidendi

Plaintiff is estopped from pursuing claim against first and second-named defendants due to clear representation that no claim would be made, relied upon by defendants to their detriment, resulting in prejudice.

Court Disposition

Plaintiff's claim against first and second-named defendants struck out; plaintiff's application to amend statement of claim refused.

Orders

  • Order striking out plaintiff's claim against first and second-named defendants
  • Declaration that plaintiff is estopped from pursuing claim against first and second-named defendants