McAteer v Devine & Ors [2010] NIQB 111 (30 September 2010)

McAteer v Devine & Ors [2010] NIQB 111 (30 September 2010)

All causes of action except conspiracy are struck out against the second defendant in the McCarron action and the fourth defendant in both actions, as they are not maintainable in law due to witness immunity, lack of duty of care, lack of special relationship, and improper pleading. The conspiracy claim survives as pleaded, subject to amendment of particulars.

Citation
[2010] NIQB 111
Parties
Plaintiff: Daniel McAteer; First Defendant: Sean Devine; Second Defendant (mc Carron Action): Stephen McCarron; Second Defendant (mary Devine Action): Mary Devine; Third Defendant: Brendan Fox p/a Cleaver Fulton Rankin, Solicitors; Fourth Defendant: John Love p/a Moore Stephens Bradley McDaid, Accountants
Jurisdiction
Northern Ireland
Judgment Date
30 September 2010
Procedural Posture
Civil (commercial) / Application to Strike Out Statements of Claim
Outcome
All causes of action except conspiracy struck out against specified defendants; leave to amend conspiracy particulars; further directions to be given on pleadings and Kerry issue.
Legal Topics
Conspiracy, Abuse of Process, Negligent Misstatement, Malicious Falsehood, Deceit, Negligence, Witness Immunity, Strike Out Applications
Tort Law Civil Procedure Conspiracy Abuse of Process Negligent Misstatement Malicious Falsehood Deceit Negligence +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Daniel McAteer

Plaintiff

Sean Devine

First Defendant

Stephen McCarron

Second Defendant (mc Carron Action)

Mary Devine

Second Defendant (mary Devine Action)

Brendan Fox p/a Cleaver Fulton Rankin, Solicitors

Third Defendant

John Love p/a Moore Stephens Bradley McDaid, Accountants

Fourth Defendant

Procedural Posture

Civil (commercial) / Application to Strike Out Statements of Claim

Legal Issues

  1. 1 Whether the Statements of Claim disclose a reasonable cause of action against the second and fourth defendants in both actions
  2. 2 Whether the causes of action for conspiracy, abuse of process, negligent misstatement, malicious falsehood, deceit, and negligence are maintainable
  3. 3 Whether witness immunity applies to the alleged false evidence

Ratio Decidendi

All causes of action except conspiracy are struck out against the second defendant in the McCarron action and the fourth defendant in both actions, as they are not maintainable in law due to witness immunity, lack of duty of care, lack of special relationship, and improper pleading. The conspiracy claim survives as pleaded, subject to amendment of particulars.

Court Disposition

All causes of action except conspiracy struck out against specified defendants; leave to amend conspiracy particulars; further directions to be given on pleadings and Kerry issue.

Orders

  • All causes of action except conspiracy struck out against the second defendant in the McCarron action.
  • All causes of action except conspiracy struck out against the fourth defendant in both actions.