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Atkinson v Stewart and Partners Ltd

Northern Ireland Law Reports (Digests) Cited authorities 1 Cited in 3 Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date01 January 1954
Date01 January 1954
CourtCourt of Appeal (Northern Ireland)
(C.A., N.I.),
Atkinson
and
Stewart and Partners, Ltd.

Contributory negligence - R.S.C. Or. 19, rr. 4, 7.

There is no rule of practice in the Courts of Northern Ireland that a party pleading contributory negligence is in general under no liability to furnish particulars of the plea unless the party asking for them can make out a special case. The true test is whether in all the circumstances particulars of the plea are reasonably necessary to enable the other party to know the case he has to meet and so to save unnecessary expense and avoid allowing parties to be taken by surprise. Toppin v. Belfast Corporation [1909] 2 I.R. 181 criticised and not followed.

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2 cases
  • Mahon v Celbridge Spinning Company Ltd
    • Ireland
    • Supreme Court
    • 24 janvier 1967
  • Martin v Ford
    • Ireland
    • High Court
    • 30 octobre 1965
    ...So held by Murnaghan J. Toppin v. Belfast Corporation [1909] 2 I.R. 181 followed, and Atkinson v. Stewart and Partners Ltd.DNI [1954] N.I. 146 considered. Martin v. Ford. WILLIAM MARTIN Plaintiff and JOHN H. FORD Defendant. Practice - Pleadings - Particulars - Defence alleging contributory ......

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