McAteer v McMurray [2015] NIQB 82 (15 July 2015)

McAteer v McMurray [2015] NIQB 82 (15 July 2015)

Leave to amend the statement of claim to add new causes of action is refused because the proposed new claims do not arise from the same or substantially the same facts as the original claims. The claims for defamation and malicious falsehood are outside the limitation period, but the court exercises its discretion to extend time on equitable grounds due to ongoing related proceedings and regulatory investigations. The claim is not struck out for want of prosecution as there is no substantial risk to a fair trial or serious prejudice to the defendant.

Citation
[2015] NIQB 82
Parties
Plaintiff: Daniel McAteer; Defendant: Toby McMurray
Jurisdiction
Northern Ireland
Judgment Date
15 July 2015
Procedural Posture
Civil (commercial) / Interlocutory Application to Strike Out Claim and for Leave to Amend Statement of Claim
Outcome
Leave to amend refused; application to strike out dismissed; claim for defamation and malicious falsehood allowed to proceed; costs reserved; action adjourned for review.
Legal Topics
Defamation, Malicious Falsehood, Limitation of Actions, Amendment of Pleadings, Abuse of Process, Conspiracy, Negligence, Breach of Contract, Misrepresentation
Tort Law Defamation Civil Procedure Malicious Falsehood Limitation of Actions Amendment of Pleadings Abuse of Process Conspiracy +3 more

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Parties

Daniel McAteer

Plaintiff

Toby McMurray

Defendant

Procedural Posture

Civil (commercial) / Interlocutory Application to Strike Out Claim and for Leave to Amend Statement of Claim

Legal Issues

  1. 1 Whether the plaintiff's claim should be struck out for want of prosecution and limitation
  2. 2 Whether leave should be granted to amend the statement of claim to add new causes of action
  3. 3 Whether the limitation period should be extended on equitable grounds

Ratio Decidendi

Leave to amend the statement of claim to add new causes of action is refused because the proposed new claims do not arise from the same or substantially the same facts as the original claims. The claims for defamation and malicious falsehood are outside the limitation period, but the court exercises its discretion to extend time on equitable grounds due to ongoing related proceedings and regulatory investigations. The claim is not struck out for want of prosecution as there is no substantial risk to a fair trial or serious prejudice to the defendant.

Court Disposition

Leave to amend refused; application to strike out dismissed; claim for defamation and malicious falsehood allowed to proceed; costs reserved; action adjourned for review.

Orders

  • Leave to amend statement of claim refused.
  • Application to strike out claim dismissed.