McAleer v Congregation of Our Lady of Charity of the Good Shepherd & Anor [2024] NIMaster 18 (19 June 2024)

McAleer v Congregation of Our Lady of Charity of the Good Shepherd & Anor [2024] NIMaster 18 (19 June 2024)

The amendments to the statement of claim are bona fide, clarify the relief sought, and arise from substantially the same facts. There is no evidence of bad faith or irremediable prejudice to the defendant. The claim as pleaded is sufficient to survive a strike out application, as it discloses a cause of action and raises issues fit for trial. The limitation issue, given the delay and potential prejudice, should be determined as a preliminary issue by the trial judge.

Citation
[2024] NIMaster 18
Parties
Plaintiff: Oonagh McAleer; First Defendant: The Congregation of Our Lady of Charity of the Good Shepherd; Second Defendant: Regional Health and Social Care Board as Successor in Title to the Western Health and Social Services Board
Jurisdiction
Northern Ireland
Judgment Date
19 June 2024
Procedural Posture
Civil King's Bench Division / Interlocutory Applications: (1) Defendant's Strike Out Application; (2) Plaintiff's Application to Amend Statement of Claim
Outcome
Plaintiff's application to amend statement of claim allowed; Defendant's strike out application refused; Limitation issue to be determined as a preliminary issue at trial; Costs reserved to trial judge.
Legal Topics
Amendment of Pleadings, Strike Out Applications, Limitation of Actions, Abuse of Process, Negligence, Breach of Statutory Duty, Fraud, Adoption Consent
Civil Procedure Tort Law Adoption Law Amendment of Pleadings Strike Out Applications Limitation of Actions Abuse of Process Negligence +3 more

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Parties

Oonagh McAleer

Plaintiff

The Congregation of Our Lady of Charity of the Good Shepherd

First Defendant

Regional Health and Social Care Board as Successor in Title to the Western Health and Social Services Board

Second Defendant

Procedural Posture

Civil King's Bench Division / Interlocutory Applications: (1) Defendant's Strike Out Application; (2) Plaintiff's Application to Amend Statement of Claim

Legal Issues

  1. 1 Whether the plaintiff should be granted leave to amend the statement of claim under Order 20 rule 5
  2. 2 Whether the defendant's application to strike out the plaintiff's claim under Order 18 rule 19 should be granted
  3. 3 Whether the limitation issue should be determined as a preliminary issue under Order 33 rule 3

Ratio Decidendi

The amendments to the statement of claim are bona fide, clarify the relief sought, and arise from substantially the same facts. There is no evidence of bad faith or irremediable prejudice to the defendant. The claim as pleaded is sufficient to survive a strike out application, as it discloses a cause of action and raises issues fit for trial. The limitation issue, given the delay and potential prejudice, should be determined as a preliminary issue by the trial judge.

Court Disposition

Plaintiff's application to amend statement of claim allowed; Defendant's strike out application refused; Limitation issue to be determined as a preliminary issue at trial; Costs reserved to trial judge.

Orders

  • Plaintiff granted leave to amend statement of claim under Order 20 rule 5.
  • Defendant's application to strike out claim under Order 18 rule 19 refused.