Aer Rianta Cpt v. Ryanair Ltd. [2004] IESC 23 (2 April 2004)

Aer Rianta Cpt v. Ryanair Ltd. [2004] IESC 23 (2 April 2004)

Order 19 Rule 28 of the Rules of the Superior Courts, 1986, only permits the court to strike out an entire pleading, not parts of a pleading. The court has no jurisdiction to strike out part of a pleading under this rule.

Citation
[2004] IESC 23
Parties
Plaintiff/respondent: Aer Rianta CPT; Defendant/appellant: Ryanair Limited
Jurisdiction
Ireland
Judgment Date
02 April 2004
Procedural Posture
Civil Appeal / Appeal From High Court Order Refusing to Strike Out Parts of Statement of Claim
Outcome
appeal dismissed
Legal Topics
Striking Out Pleadings, Jurisdiction Under Rules of the Superior Courts, Interpretation of Procedural Rules
Civil Procedure Striking Out Pleadings Jurisdiction Under Rules of the Superior Courts Interpretation of Procedural Rules

Case Brief

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Parties

Aer Rianta CPT

Plaintiff/respondent

Ryanair Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Order Refusing to Strike Out Parts of Statement of Claim

Legal Issues

  1. 1 Whether Order 19 Rule 28 of the Rules of the Superior Courts, 1986 permits the court to strike out part of a pleading rather than an entire pleading

Ratio Decidendi

Order 19 Rule 28 of the Rules of the Superior Courts, 1986, only permits the court to strike out an entire pleading, not parts of a pleading. The court has no jurisdiction to strike out part of a pleading under this rule.

Court Disposition

appeal dismissed

Orders

  • Order of the High Court refusing the motion to strike out parts of the Statement of Claim affirmed