Tweed (Paul) and Tweed (Selena) v J & E Davy Trading as Davy
| Jurisdiction | Northern Ireland |
| Judge | McAlinden J |
| Judgment Date | 19 February 2019 |
| Neutral Citation | [2019] NIQB 17 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 19 February 2019 |
1
Neutral Citation No: [2019] NIQB 17
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: McA10881
Delivered: 19/02/2019
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION
________
ON APPEAL FROM THE DECISION OF MASTER McCORRY
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BETWEEN:
PAUL TWEED AND SELENA TWEED
Plaintiffs
AND
J & E DAVY TRADING AS DAVY
Defendant
________
McALINDEN J
[1] By Summons dated 19th June, 2017, the Defendant sought an Order setting
aside the Writ of Summons and service of the Notice of the Writ in this action
pursuant to Order 12, rule 8 of the Rules of the Court of Judicature
(Northern Ireland) 1980 and/or staying the action pursuant to the inherent
jurisdiction of the High Court on the grounds that the Court has no jurisdiction to
hear and determine the claim.
[2] The matter was heard before the Master and he delivered a detailed written
judgment on 7th September, 2018 in which he determined that the Court had
jurisdiction to hear and determine the Plaintiffs’ claims arising out of contract but
had no jurisdiction to hear and determine the Plaintiffs’ claims grounded in tort.
Both parties have appealed the decision of the Master and the matter comes before
me by way of a full re-hearing of the Summons. At the outset, I express my gratitude
to Mr Ringland QC who appeared with Mr John Kerr for the Plaintiff and
Mr Humphreys QC who appeared with Mr Richard Shields for the Defendant for
their very helpful written submissions and Senior Counsels’ focused and
enlightening oral submissions. I am also grateful for the detailed judgment provided
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