T v The Superior General of the Sisters of Nazareth [2016] NIMaster 10 (14 September 2016)

T v The Superior General of the Sisters of Nazareth [2016] NIMaster 10 (14 September 2016)

Leave to enter conditional appearance cannot be granted for purposes of arguing abuse of process or mounting a limitation defence; such applications require unconditional appearance and submission to jurisdiction.

Citation
[2016] NIMaster 10
Parties
Plaintiff: T; First Named Defendant: The Superior General of the Sisters of Nazareth; Second Named Defendant: The Bishop of the Diocese of Down and Connor; Third Named Defendant: Father Sean Cahill
Jurisdiction
Northern Ireland
Judgment Date
14 September 2016
Procedural Posture
Civil / Ex Parte Applications for Leave to Enter Conditional Appearances
Outcome
Applications for leave to enter conditional appearances refused.
Legal Topics
Conditional Appearance, Abuse of Process, Limitation Defence, Striking Out Pleadings
Civil Procedure Conditional Appearance Abuse of Process Limitation Defence Striking Out Pleadings

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Parties

T

Plaintiff

The Superior General of the Sisters of Nazareth

First Named Defendant

The Bishop of the Diocese of Down and Connor

Second Named Defendant

Father Sean Cahill

Third Named Defendant

Procedural Posture

Civil / Ex Parte Applications for Leave to Enter Conditional Appearances

Legal Issues

  1. 1 Whether leave should be granted to enter conditional appearances to challenge the second writ
  2. 2 Whether the issuing of an identical second writ constitutes abuse of process
  3. 3 Whether limitation defence can be raised via conditional appearance

Ratio Decidendi

Leave to enter conditional appearance cannot be granted for purposes of arguing abuse of process or mounting a limitation defence; such applications require unconditional appearance and submission to jurisdiction.

Court Disposition

Applications for leave to enter conditional appearances refused.

Orders

  • Leave to enter conditional appearance refused for first and second defendants.