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Claims alleging fraud cannot be joined as they do not rely on the same series of transactions

By: Colm Scott Byrne BL

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High Court allows application brought by second to fifth defendants that the proceedings brought by 35 plaintiffs who claim that they were defrauded cannot be joined, on the grounds that the plaintiffs did not rely upon the same series of transactions in making their claim.

Application brought by the second to fifth defendants to stay or strike out the proceedings on the grounds that they involve separate claims on the part of each of the 35 plaintiffs - Order 15 Rule 1(1) of the Rules of the Superior Courts - proceedings brought against the defendants alleging that the plaintiffs had been defrauded - plaintiffs claim generally that they gave the defendants money to invest on their behalf but that they were defrauded of that money - whether the proceedings are correctly constituted - whether the plaintiffs relied on the same transactions to make their claim - Court held that they did not - Court invited submissions on the form of order it should make.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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