Kelly v Rafferty
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1948 |
| Date | 01 January 1948 |
| Court | King's Bench Division (Northern Ireland) |
- Adding a defendant -Objection of plaintiff - R. S. C., Order XVI, r. 12.
The court will not under Order XVI, r. 12, direct the joinder of a person as defendant who is not a necessary party to the maintenance of the action which the plaintiff has determined upon, and so to compel the plaintiff to make a new claim inconsistent with the one which he has previously made. A. sued B. for the balance due under a contract for the sale of trees. An application under Order XVI, r. 12, by C. to be made a defendant, alleging that the contract had been made between A. and C., and that he, C., wished to counterclaim for damages for breach of contract, was refused. Montgomery v. Foy, Morgan & Co.ELR [1895] 2 Q.B. 321 distinguished.
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Duignan v Dudgeon and Others
...CORK (UCC) 2002 2 IR 593 2003 1 ILRM 29 ALLIED IRISH COAL SUPPLIES LTD v POWELL DUFFRYN INTERNATIONAL FUELS 1998 2 IR 519 KELLY v RAFFERTY 1948 NI 187 2005/2478P - Kelly - High (Commercial) - 14/10/2005 - 2005 17 3437 2005 IEHC 348 Mr. Justice Kelly 1 Arnotts Ltd. (Arnotts) applies to be jo......
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Gladney v D.H.
... ... Casey t/a Casey & Company [2015] IEHC 690 , in somewhat similar provisions were considered in Kelly v Rafferty [1948] K.B.D. 187 where the court refused to join a person as a defendant who was not a necessary party to the action ... 18 ... ...
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Pepper Finance Corporation (Ireland) DAC v Persons unknown in Occupation of the Property known as 21 Little Mary Street Dublin 7
...The respondent places reliance on jurisprudence including the decision of the Court of Appeal of Northern Ireland in Kelly v. Rafferty [1948] N.I. 187 where Andrews L.C.J. observed at p. 194:- “…no case has been cited, and in my opinion no case is to be found, except in a representative act......