Shell E & P Ireland Limited v McGrath & Ors [2006] IEHC 99 (23 March 2006)

Shell E & P Ireland Limited v McGrath & Ors [2006] IEHC 99 (23 March 2006)

The amendments sought by the second and fifth defendants are necessary for determining the real questions of controversy and should be allowed. The joinder of State parties as defendants to counterclaims is permissible where a sufficient connection exists. The plaintiff's application to strike out public law issues is refused; instead, a preliminary issue will be tried to determine whether defendants can raise public law issues, after pleadings are closed and issues defined.

Citation
[2006] IEHC 99
Parties
Plaintiff: Shell E & P Ireland Limited; Defendant: Philip McGrath; Defendant: James B. Philbin; Defendant: Willie Corduff; Defendant: Monica Muller; Defendant: Bríd McGarry; Defendant: Peter Sweetman
Jurisdiction
Ireland
Judgment Date
23 March 2006
Procedural Posture
Plenary Action / Interlocutory Applications Regarding Amendment of Pleadings and Striking Out Public Law Issues
Outcome
Second and fifth defendants granted leave to deliver amended defences and counterclaims; joinder of State parties allowed. Plaintiff's application to strike out public law issues dismissed; trial of preliminary issue on justiciability of public law issues to be directed after pleadings are closed.
Legal Topics
Compulsory Acquisition, Statutory Consent, Planning Permission, Constitutional Rights, European Convention on Human Rights, EU Environmental Impact Directive, Amendment of Pleadings, Public Law Issues, Locus Standi, Preliminary Issues
Constitutional Law Administrative Law Property Law Environmental Law Civil Procedure Compulsory Acquisition Statutory Consent Planning Permission +7 more

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Parties

Shell E & P Ireland Limited

Plaintiff

Philip McGrath

Defendant

James B. Philbin

Defendant

Willie Corduff

Defendant

Monica Muller

Defendant

Bríd McGarry

Defendant

Peter Sweetman

Defendant

Procedural Posture

Plenary Action / Interlocutory Applications Regarding Amendment of Pleadings and Striking Out Public Law Issues

Legal Issues

  1. 1 Whether defendants may amend their defences and counterclaims to include new causes of action and join State parties
  2. 2 Whether public law issues raised by defendants should be struck out as time-barred or not justiciable
  3. 3 Whether preliminary issues should be tried regarding justiciability and locus standi

Ratio Decidendi

The amendments sought by the second and fifth defendants are necessary for determining the real questions of controversy and should be allowed. The joinder of State parties as defendants to counterclaims is permissible where a sufficient connection exists. The plaintiff's application to strike out public law issues is refused; instead, a preliminary issue will be tried to determine whether defendants can raise public law issues, after pleadings are closed and issues defined.

Court Disposition

Second and fifth defendants granted leave to deliver amended defences and counterclaims; joinder of State parties allowed. Plaintiff's application to strike out public law issues dismissed; trial of preliminary issue on justiciability of public law issues to be directed after pleadings are closed.

Orders

  • Order under Order 28, rule 1 allowing second and fifth defendants to deliver amended defences and counterclaims.
  • Joinder of State parties as defendants to counterclaims permitted.