Joan Maguire and Western Education and Library Board
| Jurisdiction | Northern Ireland |
| Judge | Master Harvey |
| Judgment Date | 30 November 2023 |
| Neutral Citation | [2023] NIMaster 11 |
| Date | 30 November 2023 |
| Court | King's Bench Division (Northern Ireland) |
Neutral Citation No: [2023] NIMaster 11
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: 2023NIMaster11
ICOS No: 22/069656/01
Delivered: 30/11/2023
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
KING’S BENCH DIVISION
JOAN MAGUIRE
Plaintiff
and
WESTERN EDUCATION AND LIBRARY BOARD
Defendant
_________________________________
Master Harvey
Introduction
[1] This started off as an application by the defendant for an Order staying the
proceedings on the basis the limitation period to bring the action has “expired under
the Judicature Act, Section 86(3) and the inherent jurisdiction of the Court.”
[2] Mr Boyle appeared for the defendant, Mr McNamee appeared for the
plaintiff.
[3] Upon hearing from counsel it was apparent that the actual relief being sought
by the defendant was a dismissal of the plaintiff’s claim on the basis it was statute
barred pursuant to Article 7 of the Limitation (Northern Ireland) Order 1989 (“the
1989 Order”), the cause of action having occurred on the 12th December 2017 and the
writ of summons having been issued on the 8th August 2022, one year and nine
months outside the applicable three year limitation period.
[4] The court has power to amend a summons of its own motion under Order 20
rule 8 of the Rules of the Court of Judicature (Northern Ireland) 1980 (“the 1980
Rules”) to reflect the relief being sought, which was an order pursuant to Order 32
rule 12A of the 1980 Rules, that the court should refuse to direct that the provisions
of Article 7 of the 1989 Order do not apply in respect of this action. Counsel for the
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