The High Court has dismissed Gerard McHugh’s action challenging a 1990 transfer of land to Myles McHugh and Anthony McHugh, finding that he lacked standing to pursue the claims and that they were barred by time.
In a judgment dated 10 February 2012, Mr Justice Roderick Murphy said the transfer was made on 5 February 1990 and registered in the defendants’ names on 19 February 1991. The deceased, Margaret (otherwise Rita) McHugh, had made a will in 1987 leaving the lands to the plaintiff and naming him executor. She died on 12 January 1998.
The plaintiff’s proceedings began on 4 March 2004. He sought, among other relief, to set aside the transfer on grounds including the deceased’s alleged incapacity and undue influence. The defendants applied to dismiss the action, arguing that the claims were not maintainable and that the delay in bringing and pursuing them was inordinate and inexcusable.
The plaintiff obtained a grant of probate in October 2011. The judge said it allowed him to prove the will, but did not permit him to pursue claims against the estate in his capacity as executor. The court also held that he lacked standing and that the claims were not maintainable because of the applicable statutory time limits. It said section 9(2) of the Civil Liability Act 1961 precluded a claim against the deceased’s estate brought more than two years after her death, and found the delay in commencing and progressing the proceedings inexcusable.
The defendants’ motion also sought other relief, including judgment in default on their counterclaim. The judgment records that request, but its stated operative decision grants the application to dismiss the plaintiff’s claim. It does not specify an order on the counterclaim.
The plaintiff separately sought permission to amend his statement of claim, including to add claims for losses and an order transferring the land to him. The court said the proposed amendments would not cure the delay or overcome the statutory bar. Because it had granted the defendants’ dismissal application, it said the amendment application did not arise.