Ritchie (Eddie) v David W McComb
| Jurisdiction | Northern Ireland |
| Judge | Stephens J |
| Judgment Date | 21 November 2014 |
| Neutral Citation | [2014] NIQB 125 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 21 November 2014 |
| Year | 2014 |
1
Neutral Citation No. [2014] NIQB 125 Ref:
STE9452
Judgment: approved by the Court for handing down Delivered:
21/11/2014
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
_______
QUEEN’S BENCH DIVISION
________
EDDIE RITCHIE
Plaintiff/Appellant:
-v-
DAVID W McCOMB
Defendant/Respondent:
_______
STEPHENS J
Introduction
[1] This is an application by the plaintiff for leave to appeal to the Court of
Appeal against an order of this Court made on 7 November 2014 dismissing the
plaintiff’s appeal against an order for costs made against him by Master Bell on
16 June 2014. The plaintiff, a litigant in person, seeks leave to appeal on the basis
that the order dated 7 November 2014 was an order as to costs only and accordingly
an appeal to the Court of Appeal against an order or judgment of the High Court
requires the permission of this Court. In the alternative the plaintiff seeks leave to
appeal on the basis that the order dated 7 November 2014 was an interlocutory
order and accordingly an appeal to the Court of Appeal against an interlocutory
order or judgment of the High Court requires the permission of either this Court or
the Court of Appeal.
Factual Background
[2] The action which was commenced by Writ of Summons issued on 26 October
2004 was listed for trial on 18 March 2014. The plaintiff applied on that date for an
adjournment on foot of a sickness certificate that he submitted to the Court. Gillen J
adjourned the action generally and gave directions about the scheduling of
procedural applications which were to be heard by the Master and specifically an
application to strike out the plaintiff’s action for failing to set it down. Master Bell
heard the defendant’s summons to strike out on 16 June 2014. He declined to strike
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2 cases
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Deman (Suresh) and Sunday Newspapers Limited and John Cassidy and Richard Sullivan
...prosecution - every such order is regarded as interlocutory: see Hunt v Allied Bakeries Ltd [1956] 1 WLR 1326”. [6] In Ritchie v McComb [2014] NIQB 125 Stephens J said at [11]: “The application approach to the distinction between a final and an interlocutory order requires to the Court to c......
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Belkovic (Marek) v Dr Toal and BHSCT
...leave either of this Court or of the Court of Appeal. The test for the grant of leave was considered by this court in Ritchie v McComb [2014] NIQB 125. One of the purposes of the requirement of leave is to ensure that interlocutory appeals do not unnecessarily delay the substantive hearing ......