O’Neill (Cahir) v Eddie Rowan trading as PLM Promotions
| Jurisdiction | Northern Ireland |
| Judge | Master Bell |
| Judgment Date | 07 July 2014 |
| Neutral Citation | [2014] NIMaster 9 |
| Date | 07 July 2014 |
| Year | 2014 |
| Court | Queen's Bench Division (Northern Ireland) |
1
Neutral Citation No: [2014] NIMaster 9 Ref:
Judgment: approved by the Court for handing down Delivered:
07/07/2014
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE OF NORTHERN IRELAND
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QUEEN’S BENCH DIVISION
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BETWEEN:
Cahir O’Neill
Plaintiff;
and
Eddie Rowan trading as PLM Promotions
Defendant.
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Master Bell
Introduction
[1] This application by the defendant is for an order under Order 12
Rule 8 declaring that the Writ has not been duly served and setting it
aside or, alternatively, dismissing the action for want of prosecution.
The plaintiff has not issued any summons to extend the validity of the
writ. However both parties wish me to exercise my discretion under
Order 2 Rule 1 to overlook irregularities. Counsel for the plaintiff
frankly submitted, “There are mistakes everywhere” and counsel for
the defendant, equally frankly, conceded that it was “hard to argue
against that”.
[2] The cause of action arose on 6 September 2008. (The plaintiff’s
solicitor’s affidavit mistakenly states that the cause of action arose on 30
August 2008. However both the writ and the Statement of Clam refer to
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