Gordon (Margaret Roseanna) v McKillens (Ballymena) Limited
| Jurisdiction | Northern Ireland |
| Judge | Stephens J |
| Neutral Citation | [2016] NIQB 32 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 04 April 2016 |
1
Neutral Citation No: [2016] NIQB 32
Ref:
STE9924
Judgment: approved by the Court for handing down Delivered:
4-4-2016
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION
________
MARGARET ROSEANNA GORDON
Plaintiff:
-and-
McKILLENS (BALLYMENA) LIMITED
Defendant:
_______
STEPHENS J
Introduction
[1] The plaintiff, Margaret Roseanna Gordon, brings this action seeking
compensation from the defendant, McKillens (Ballymena) Limited, for the injuries
that she sustained in an accident that occurred in the defendant’s shoe shop in
Ballymena on 22 October 2008. On 14 October 2011, just prior to the expiry of the
three year limitation period, a writ of summons was issued but “due to an error in
her solicitor’s office that writ of summons expired on 14 October 2012 without
having been served.” On 29 April 2013, some 1 year and 6 months after the expiry of
the limitation period, the plaintiff then issued a second writ of summons. On 8
January 2015 the defendant applied for orders pursuant to Order 33, Rules 3 and 6 of
the Rules of the Court of Judicature (Northern Ireland) 1980 that the issue of
limitation is dealt with as a preliminary issue and for an order that the action be
dismissed. Master Bell decided not to exercise his discretion under Article 50 of the
Limitation (Northern Ireland) Order 1989 (“the 1989 Order”) to allow the action to
proceed and he dismissed the action. The plaintiff appeals to this court against that
decision.
[2] Mr McCollum QC and Mr O’Hare appeared on behalf of the plaintiff though
neither counsel was instructed at the initial stages of either the first or second writ of
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