Malone & Anor v Malone & Anor [2010] NICh 4 (8 March 2010)

Malone & Anor v Malone & Anor [2010] NICh 4 (8 March 2010)

Defendants are entitled to raise jurisdictional objections in their first Defence, even if they did not enter a conditional appearance or bring a summons under Order 12 rule 8, provided the challenge is made at the earliest opportunity and plaintiffs are not misled.

Citation
[2010] NICh 4
Parties
Plaintiff/respondent: Danny Malone; Plaintiff/respondent: Michael Malone; Defendant/applicant: Hugh Malone; Defendant/applicant: Eamon Malone
Jurisdiction
Northern Ireland
Judgment Date
08 March 2010
Procedural Posture
Civil / Appeal From Master's Refusal to Strike Out Claim
Outcome
jurisdictional challenge permitted; action allowed to continue in Northern Ireland
Legal Topics
Jurisdictional Challenge, Conditional Appearance, Procedural Rules
Civil Procedure Conflict of Laws Jurisdictional Challenge Conditional Appearance Procedural Rules

Case Brief

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Parties

Danny Malone

Plaintiff/respondent

Michael Malone

Plaintiff/respondent

Hugh Malone

Defendant/applicant

Eamon Malone

Defendant/applicant

Procedural Posture

Civil / Appeal From Master's Refusal to Strike Out Claim

Legal Issues

  1. 1 When must a defendant object to the jurisdiction of the court in Northern Ireland?
  2. 2 Is a defendant debarred from raising jurisdictional points if not done by conditional appearance or summons under Order 12 rule 8?

Ratio Decidendi

Defendants are entitled to raise jurisdictional objections in their first Defence, even if they did not enter a conditional appearance or bring a summons under Order 12 rule 8, provided the challenge is made at the earliest opportunity and plaintiffs are not misled.

Court Disposition

jurisdictional challenge permitted; action allowed to continue in Northern Ireland

Orders

  • Defendants permitted to raise jurisdictional point
  • Action to proceed in Northern Ireland