Waldron -v- Herring & ors [2013] IEHC 294 (28 June 2013)

Waldron -v- Herring & ors [2013] IEHC 294 (28 June 2013)

Permanent tsb plc, having received a valid statutory assignment of the plaintiff’s cause of action, is entitled to be substituted as plaintiff under O. 15, r. 13 RSC, as its presence is necessary for complete adjudication; the assignment is valid, not champertous, and O. 15, r. 2 does not apply as there was no mistake in the original plaintiff’s identity.

Citation
[2013] IEHC 294
Parties
Plaintiff: Tony Waldron; Defendant: Andrew Herring; Defendant: Stephen Mullen; Defendant: Sligo Haulage & Distribution Limited; Defendant: Tommy Mullen trading as Mullen Express Transport; Applicant (seeking to Be Joined as Plaintiff): Permanent tsb plc
Jurisdiction
Ireland
Judgment Date
28 June 2013
Procedural Posture
Negligence Action (property Damage) / Motion to Join/substitute Plaintiff; Appeal From Master's Order
Outcome
Application allowed; Permanent tsb plc substituted as plaintiff; Tony Waldron discharged from proceedings.
Legal Topics
Assignment of Chose in Action, Joinder and Substitution of Parties, Maintenance and Champerty, Subrogation, Rules of the Superior Courts
Civil Procedure Tort Law Property Law Assignment of Chose in Action Joinder and Substitution of Parties Maintenance and Champerty Subrogation Rules of the Superior Courts

Case Brief

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Parties

Tony Waldron

Plaintiff

Andrew Herring

Defendant

Stephen Mullen

Defendant

Sligo Haulage & Distribution Limited

Defendant

Tommy Mullen trading as Mullen Express Transport

Defendant

Permanent tsb plc

Applicant (seeking to Be Joined as Plaintiff)

Procedural Posture

Negligence Action (property Damage) / Motion to Join/substitute Plaintiff; Appeal From Master's Order

Legal Issues

  1. 1 Whether Permanent tsb plc can be joined or substituted as plaintiff following assignment of cause of action
  2. 2 Whether the assignment of the cause of action is valid under Irish law
  3. 3 Whether the arrangement constitutes maintenance or champerty

Ratio Decidendi

Permanent tsb plc, having received a valid statutory assignment of the plaintiff’s cause of action, is entitled to be substituted as plaintiff under O. 15, r. 13 RSC, as its presence is necessary for complete adjudication; the assignment is valid, not champertous, and O. 15, r. 2 does not apply as there was no mistake in the original plaintiff’s identity.

Court Disposition

Application allowed; Permanent tsb plc substituted as plaintiff; Tony Waldron discharged from proceedings.

Orders

  • Permanent tsb plc to file and serve amended plenary summons and statement of claim within 21 days of order perfection.
  • Defendants at liberty to file and serve amended defence within 21 days of receipt of amended pleadings.