Breslin & Ors v McKenna & Ors [2008] NIQB 5 (18 January 2008)

Breslin & Ors v McKenna & Ors [2008] NIQB 5 (18 January 2008)

The pleadings, while imperfect, sufficiently inform the defendants of the case they must meet and do not cause prejudice or prevent a fair hearing. There is no basis to strike out or stay the claim at this stage; issues regarding conspiracy, exemplary damages, and injunction are to be determined at trial.

Citation
[2008] NIQB 5
Parties
Plaintiffs: Mark Christopher Breslin and Others; Defendants: Seamus McKenna and Others
Jurisdiction
Northern Ireland
Judgment Date
18 January 2008
Procedural Posture
Civil / Interlocutory Application to Strike Out or Stay Claim
Outcome
Application refused
Legal Topics
Intentional Infliction of Harm, Trespass to the Person, Conspiracy to Commit Trespass, Conspiracy to Injure, Pleading Standards, Strike Out Applications
Tort Law Civil Procedure Intentional Infliction of Harm Trespass to the Person Conspiracy to Commit Trespass Conspiracy to Injure Pleading Standards Strike Out Applications

Case Brief

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Parties

Mark Christopher Breslin and Others

Plaintiffs

Seamus McKenna and Others

Defendants

Procedural Posture

Civil / Interlocutory Application to Strike Out or Stay Claim

Legal Issues

  1. 1 Whether the plaintiffs' claim should be struck out or stayed for disclosing no reasonable grounds, non-compliance with pleading rules, or being embarrassing, prolix, scandalous, or ill-founded
  2. 2 Whether the pleadings sufficiently allege intentional torts and conspiracy
  3. 3 Whether the claim for exemplary damages and injunction should be struck out

Ratio Decidendi

The pleadings, while imperfect, sufficiently inform the defendants of the case they must meet and do not cause prejudice or prevent a fair hearing. There is no basis to strike out or stay the claim at this stage; issues regarding conspiracy, exemplary damages, and injunction are to be determined at trial.

Court Disposition

Application refused

Orders

  • Application to strike out or stay the plaintiffs' claim is refused