Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

McHenry v McClements

Irish Jurist Reports (Digests) Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date01 January 1937
Date01 January 1937
CourtKing's Bench Division (Northern Ireland)
[K. B. D., N.I.],
McHenry
and
McClements

Venue - Plaintiff's limited right of choice - Over-riding considerations -Defendant's application for local venue - Affidavit.

The effect of s. 33 of the Supreme Court of Judicature Act (Tr.), 1877, is that, while plaintiff in a suit has the right to name the venue of trial, the place at which the cause of action has arisen is prima facie the proper venue, and, subject to the convenient and speedy discharge of business, the plaintiff's right of choice is subservient to, and must at the discretion of the Court give way to, the propriety of the local venue. Per Andrews. L.J.: (1) The intention of the Act being to terminate the arbitrary privilege of the plaintiff to select and retain the venue of his choice, it restored in a considerable degree the old common law right of the defendant to have certain actions tried in the place where the cause of action arose, and placed the onus on the plaintiff to justify his selection of a non-local venue; accordingly, the strictness of proof formerly insisted upon from a defendant who asks for a change from a non-local to a local venue is no longer absolutely required, though where the question is a controversial one the defendant's affidavit on the issue of convenience may be considerably strengthened...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT