BRESLIN & Ors v McKenna & Ors [2005] NIQB 53 (28 June 2005)

BRESLIN & Ors v McKenna & Ors [2005] NIQB 53 (28 June 2005)

Any defects in the indorsement of the writ as to the solicitor's name or address are irregularities, not nullities, and do not justify striking out the proceedings. The application fails on the merits and would also fail for delay or taking fresh steps after knowledge of the alleged irregularity.

Source-derived case information.

Citation
[2005] NIQB 53
Parties
Plaintiffs: Breslin and Others; Defendants: McKenna and Others
Jurisdiction
Northern Ireland
Judgment Date
28 June 2005
Procedural Posture
Civil / Application by Fifth and Sixth Defendants to Set Aside Writ and Stay Action
Outcome
Application refused
Legal Topics
Striking Out Proceedings, Irregularity in Writ, Solicitor's Authority, Address for Service, Abuse of Process
Civil Procedure Striking Out Proceedings Irregularity in Writ Solicitor's Authority Address for Service Abuse of Process

Source-derived case record

Summary, issues, holding and outcome

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Parties

Breslin and Others

Plaintiffs

McKenna and Others

Defendants

Procedural Posture

Civil / Application by Fifth and Sixth Defendants to Set Aside Writ and Stay Action

Legal Issues

  1. 1 Whether the writ was invalid due to non-compliance with rules regarding solicitor's name and address for service
  2. 2 Whether the proceedings should be struck out as a nullity or stayed for irregularity
  3. 3 Whether the prosecution of the case constituted an abuse of process

Ratio Decidendi

Any defects in the indorsement of the writ as to the solicitor's name or address are irregularities, not nullities, and do not justify striking out the proceedings. The application fails on the merits and would also fail for delay or taking fresh steps after knowledge of the alleged irregularity.

Court Disposition

Application refused

Orders

  • Leave to amend summons refused
  • Application to set aside writ and stay action refused