The judge overseeing a legal action over a €3.3m Lotto win in 2011 has rejected an attempt to have part of the case struck out.

David Walsh from Knocknagreena in Ballinasloe is fighting for a share of the prize, as one of six people who signed the back of the winning ticket.

Mr Walsh is suing his stepmother Mary Walsh for a share of a €3.3m jackpot that was won in January 2011.

He claims he is entitled to over €500,000 as one of six people who signed the back of the ticket, which was bought by his late father.

Ms Walsh claims he was only asked to sign it to avoid gift tax and that he decided to accept a house instead of a €200,000 cut.

The High Court heard two days of evidence earlier this month and was due to resume hearing evidence this afternoon, but an application to have part of Mr Walsh’s case struck out needed to be dealt with first.

Michael Delaney, who is acting for Ms Walsh, accused the other side of straying from their original claims in relation to certain aspects of the case, which he argued they were not allowed to do.

In ruling against him, Justice Richard Humphreys said the issue seemed to him to be nothing of substance. The case is due to resume hearing evidence tomorrow.