Ritchie v McKee [2016] NICA 8 (2 March 2016)

Ritchie v McKee [2016] NICA 8 (2 March 2016)

The applicant failed to provide sufficient grounds for extension of time or to demonstrate a reasonable cause of action; the Trust had no responsibility for the GPs; and the pleadings disclosed no actionable claim, justifying refusal of leave to appeal and striking out of all claims.

Citation
[2016] NICA 8
Parties
Appellant: Eddie Ritchie; Respondent: Dr Henry McKee; Respondent: Dr S J Kyle; Respondent: Dr Deirdre Savage; Respondent: Dr David W McComb; Respondent: J MacMahon; Respondent: Belfast Health and Social Care Trust
Jurisdiction
Northern Ireland
Judgment Date
02 March 2016
Procedural Posture
Medical Negligence Appeal / Application for Leave to Appeal Dismissal of Claims
Outcome
leave to appeal refused; claims struck out
Legal Topics
Unless Orders, Extension of Time, Striking Out Claims, Cause of Action, Responsibility of Health Trusts, Judicial Discretion
Civil Procedure Medical Negligence Unless Orders Extension of Time Striking Out Claims Cause of Action Responsibility of Health Trusts Judicial Discretion

Case Brief

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Parties

Eddie Ritchie

Appellant

Dr Henry McKee

Respondent

Dr S J Kyle

Respondent

Dr Deirdre Savage

Respondent

Dr David W McComb

Respondent

J MacMahon

Respondent

Belfast Health and Social Care Trust

Respondent

Procedural Posture

Medical Negligence Appeal / Application for Leave to Appeal Dismissal of Claims

Legal Issues

  1. 1 Whether the applicant demonstrated sufficient grounds for extension of time to comply with unless orders
  2. 2 Whether the claims disclosed a reasonable cause of action
  3. 3 Whether the Trust was responsible for actions of GPs

Ratio Decidendi

The applicant failed to provide sufficient grounds for extension of time or to demonstrate a reasonable cause of action; the Trust had no responsibility for the GPs; and the pleadings disclosed no actionable claim, justifying refusal of leave to appeal and striking out of all claims.

Court Disposition

leave to appeal refused; claims struck out

Orders

  • Leave to appeal refused in all cases
  • Claims struck out with costs to respondents