Ewing v. Kelly [2000] IEHC 58 (16th May, 2000)

Ewing v. Kelly [2000] IEHC 58 (16th May, 2000)

Plaintiff's claims against six defendants are struck out as pleadings disclose no reasonable cause of action, are statute barred, or barred by issue estoppel, and cannot conceivably succeed; Seventh, Eighth, and Ninth Defendants granted two weeks to file late defences.

Citation
[2000] IEHC 58
Parties
Plaintiff: Robert Ewing; First Defendant: Anthony Kelly; Second Defendant: Second Defendant; Third Defendant: Third Defendant; Fourth Defendant: The Law Society; Fifth Defendant: Fifth Defendant; Sixth Defendant: Sixth Defendant; Seventh Defendant: Seventh Defendant; Eighth Defendant: Eighth Defendant; Ninth Defendant: Ninth Defendant
Jurisdiction
Ireland
Procedural Posture
Civil / Motions to Strike Out Pleadings and for Judgment in Default of Defence
Outcome
Plaintiff's claims against six defendants struck out; time enlarged for Seventh, Eighth, and Ninth Defendants to file defences; Plaintiff's motions for judgment dismissed.
Legal Topics
Striking Out Pleadings, Issue Estoppel, Statute of Limitations, Qualified Privilege, Inherent Jurisdiction, Legal Causation, Recoverable Loss
Civil Procedure Property Law Professional Negligence Striking Out Pleadings Issue Estoppel Statute of Limitations Qualified Privilege Inherent Jurisdiction +2 more

Case Brief

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Parties

Robert Ewing

Plaintiff

Anthony Kelly

First Defendant

Second Defendant

Second Defendant

Third Defendant

Third Defendant

The Law Society

Fourth Defendant

Fifth Defendant

Fifth Defendant

Sixth Defendant

Sixth Defendant

Seventh Defendant

Seventh Defendant

Eighth Defendant

Eighth Defendant

Ninth Defendant

Ninth Defendant

Procedural Posture

Civil / Motions to Strike Out Pleadings and for Judgment in Default of Defence

Legal Issues

  1. 1 Whether pleadings disclose a reasonable cause of action
  2. 2 Whether claims are statute barred
  3. 3 Whether issue estoppel applies to bar re-litigation

Ratio Decidendi

Plaintiff's claims against six defendants are struck out as pleadings disclose no reasonable cause of action, are statute barred, or barred by issue estoppel, and cannot conceivably succeed; Seventh, Eighth, and Ninth Defendants granted two weeks to file late defences.

Court Disposition

Plaintiff's claims against six defendants struck out; time enlarged for Seventh, Eighth, and Ninth Defendants to file defences; Plaintiff's motions for judgment dismissed.

Orders

  • Claims against First, Second, Third, Fourth, Fifth, and Sixth Defendants struck out.
  • Seventh, Eighth, and Ninth Defendants granted two weeks to file defences.