Devlin v JPH Law & Anor [2025] Nimaster 5 (28 February 2025)

Devlin v JPH Law & Anor [2025] Nimaster 5 (28 February 2025)

The claim is at least arguable and not plainly or obviously statute barred on the face of the pleadings; the defendants have not overcome the high hurdle for strike out. Amendment of the defendant's name is allowed as a genuine mistake without prejudice.

Citation
[2025] Nimaster 5
Parties
Plaintiff: Mark Devlin; First Defendant: JPH Law (John P Hagan Solicitors); Second Defendant: Sean Hagan
Jurisdiction
Northern Ireland
Judgment Date
28 February 2025
Procedural Posture
Professional Negligence / Interlocutory Application to Strike Out Claim
Outcome
Defendants' application to strike out refused; leave granted to amend title of proceedings.
Legal Topics
Limitation Period, Strike Out Applications, Amendment of Parties
Civil Litigation Professional Negligence Limitation Period Strike Out Applications Amendment of Parties

Case Brief

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Parties

Mark Devlin

Plaintiff

JPH Law (John P Hagan Solicitors)

First Defendant

Sean Hagan

Second Defendant

Procedural Posture

Professional Negligence / Interlocutory Application to Strike Out Claim

Legal Issues

  1. 1 Whether the plaintiff's claim is statute barred under Article 12 of the Limitation (Northern Ireland) Order 1989
  2. 2 Whether the claim should be struck out under Order 18 rule 19 of the Rules of the Court of Judicature (Northern Ireland) 1980
  3. 3 Whether amendment of the title of proceedings is permissible

Ratio Decidendi

The claim is at least arguable and not plainly or obviously statute barred on the face of the pleadings; the defendants have not overcome the high hurdle for strike out. Amendment of the defendant's name is allowed as a genuine mistake without prejudice.

Court Disposition

Defendants' application to strike out refused; leave granted to amend title of proceedings.

Orders

  • Plaintiff granted leave to amend title of proceedings to reflect John P Hagan Solicitors as first defendant.
  • Defendants' strike out application refused.