Beattie, Cynthia trading as Beatties Transport and Man Truck and Bus SE and Man SE
| Jurisdiction | Northern Ireland |
| Judge | Master Bell |
| Judgment Date | 01 March 2022 |
| Neutral Citation | [2022] NIMaster 1 |
| Court | High Court (Northern Ireland) |
| Date | 01 March 2022 |
1
Neutral Citation : [2022] NIMaster 1
Ref:
2022NIMaster1
Judgment: approved by the Court for handing down
Delivered:
16/03/2022
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE OF NORTHERN IRELAND
_________
QUEEN’S BENCH DIVISION
_________
BETWEEN:
CYNTHIA BEATTIE TRADING AS BEATTIES TRANSPORT
Plaintiff;
and
MAN TRUCK AND BUS SE
First Defendant
and
MAN SE
Second Defendant
_________
Miss Jones represented the Plaintiff
Mr Dunlop QC and Mr Shields represented the Defendants
_________
Master Bell
[1] This is an application for a declaration pursuant to Order 12 rule 8 of the
Rules of the Court of Judicature (NI 1980) (“the 1980 Rules”) and the inherent
jurisdiction of the court that the notice of writ of summons herein has not been
validly served. The facts of the case involved the impact of the post-Brexit
arrangements and the difficulties associated with suing an entity outside this
jurisdiction.
[2] The plaintiff was represented by Miss Jones and the defendants were
represented by Mr Dunlop QC and Mr Shields. I am grateful to counsel for their
written and oral submissions which were of considerable assistance. I have already
indicated to counsel and the solicitors at the oral hearing that I am granting the
defendants’ application and awarding them their costs. However, in the light of the
fact that the decision and the reasoning behind it might be useful to practitioners to
highlight the Brexit issue, I am delivering the reasons in the form of this written
judgment.
To continue reading
Request your trial
1 cases
-
Norbev Limited v CSI Hungary KFT
...The second attempt at service was after the transition period ended. In Cynthia Beattie t/as Beatties Transport v Man Truck and Bus SE [2022] NIMaster 1, it was noted that after this date, the Service Regulation ceased to have any application in Northern Ireland. This means that leave of th......