McLaughlin v Italian Coffee Holdings Ltd (t/a Caffe Nero) & Ors [2025] NIKB 62 (21 October 2025)

McLaughlin v Italian Coffee Holdings Ltd (t/a Caffe Nero) & Ors [2025] NIKB 62 (21 October 2025)

The court held that under Order 29, rule 13(1)(d) RCJ (NI), in a multi-defendant case, it is sufficient for the court to be satisfied that the plaintiff would obtain judgment for substantial damages against at least one defendant, without needing to determine which. The court affirmed the Master's order requiring equal interim contributions from all four defendants, as the available evidence did not exclude potential liability of the fifth defendant. The extension of time for appeal was granted as no prejudice was caused by the delay.

Citation
[2025] NIKB 62
Parties
Plaintiff: Imelda McLaughlin; First Defendant: Italian Coffee Holdings Ltd (T/A Caffè Nero); Second Defendant: One 2 One Sign Solutions Ltd (In Liquidation); Third Defendant: Radiant Blinds Ltd; Fourth Defendant: Ageas Insurance Ltd as Insurers of One 2 One Sign Solutions Ltd (In Liquidation); Fifth Defendant: Spicer Installations Ltd; Sixth Defendant: Jesse Blinds and Shutters Ltd
Jurisdiction
Northern Ireland
Judgment Date
21 October 2025
Procedural Posture
Personal Injury Interim Damages Application and Appeal / Appeal Against Interim Damages Order
Outcome
Appeal dismissed; extension of time for appeal granted
Legal Topics
Interim Damages, Personal Injury, Multi Defendant Litigation, Extension of Time for Appeal, Court Discretion in Interim Awards
Tort Civil Procedure Interim Damages Personal Injury Multi Defendant Litigation Extension of Time for Appeal Court Discretion in Interim Awards

Case Brief

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Parties

Imelda McLaughlin

Plaintiff

Italian Coffee Holdings Ltd (T/A Caffè Nero)

First Defendant

One 2 One Sign Solutions Ltd (In Liquidation)

Second Defendant

Radiant Blinds Ltd

Third Defendant

Ageas Insurance Ltd as Insurers of One 2 One Sign Solutions Ltd (In Liquidation)

Fourth Defendant

Spicer Installations Ltd

Fifth Defendant

Jesse Blinds and Shutters Ltd

Sixth Defendant

Procedural Posture

Personal Injury Interim Damages Application and Appeal / Appeal Against Interim Damages Order

Legal Issues

  1. 1 Whether the court should extend time for appeal for the fifth defendant
  2. 2 Whether interim damages can be ordered against the fifth defendant in a multi-defendant case where liability is disputed
  3. 3 Proper interpretation and application of Order 29, rule 13 of the Rules of the Court of Judicature (Northern Ireland) 1980 in multi-defendant cases

Ratio Decidendi

The court held that under Order 29, rule 13(1)(d) RCJ (NI), in a multi-defendant case, it is sufficient for the court to be satisfied that the plaintiff would obtain judgment for substantial damages against at least one defendant, without needing to determine which. The court affirmed the Master's order requiring equal interim contributions from all four defendants, as the available evidence did not exclude potential liability of the fifth defendant. The extension of time for appeal was granted as no prejudice was caused by the delay.

Court Disposition

Appeal dismissed; extension of time for appeal granted

Orders

  • Time for appeal extended for seven days from the hearing, conditional on filing notice and fee
  • Appeal against interim damages order dismissed