Moore & Ors v Cushley & Anor [2025] NICh 12 (10 January 2025)
Plaintiffs, as statutory next of kin, have at least a bare possibility of financial interest if intestacy is established. The pleadings are not so unarguable or manifestly bad as to warrant strike-out. The case should proceed to trial for full ventilation of issues.
Source-derived case information.
- Citation
- [2025] NICh 12
- Parties
- Plaintiff: David Moore; Plaintiff: Donald Moore; Plaintiff: Eric Moore; Defendant: Nigel Cushley; Defendant: Ciaran McCreesh
- Jurisdiction
- Northern Ireland
- Judgment Date
- 10 January 2025
- Procedural Posture
- Probate Action / Strike Out Application
- Outcome
- strike-out application dismissed
- Legal Topics
- Standing in Probate, Strike Out Applications, Testamentary Capacity, Abuse of Process
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Moore
Plaintiff
Donald Moore
Plaintiff
Eric Moore
Plaintiff
Nigel Cushley
Defendant
Ciaran McCreesh
Defendant
Procedural Posture
Probate Action / Strike Out Application
Legal Issues
- 1 Whether plaintiffs have sufficient standing to bring probate proceedings under Order 76 rule 2(2)
- 2 Whether proceedings disclose a reasonable cause of action
- 3 Whether proceedings amount to an abuse of process
Ratio Decidendi
Plaintiffs, as statutory next of kin, have at least a bare possibility of financial interest if intestacy is established. The pleadings are not so unarguable or manifestly bad as to warrant strike-out. The case should proceed to trial for full ventilation of issues.
Court Disposition
strike-out application dismissed
Orders
- Costs reserved to trial of main action
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