Clare Manor Hotel Ltd -v- The Right Honourable the Lord Mayor, Aldermen & Burgesses of Dublin [2018] IESC 41 (31 July 2018)

Clare Manor Hotel Ltd -v- The Right Honourable the Lord Mayor, Aldermen & Burgesses of Dublin [2018] IESC 41 (31 July 2018)

The delay in prosecuting the proceedings was inordinate and inexcusable. Any reasonable expectation that the Tribunal would investigate the plaintiff's complaint ceased by 2004 at the latest. The plaintiff failed to progress the case or inform the defendant of its intention to await the Tribunal. The balance of justice favoured dismissal due to the impossibility of a fair trial after such a lapse of time, the unavailability of witnesses, faded memories, and the lack of particularisation of the allegations. The appeal was dismissed.

Citation
[2018] IESC 41
Parties
Plaintiff/applicant: Clare Manor Hotel Limited; Defendant/respondent: The Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin
Jurisdiction
Ireland
Judgment Date
31 July 2018
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court Order Dismissing Proceedings for Inordinate and Inexcusable Delay
Outcome
Appeal dismissed
Legal Topics
Delay in Prosecution of Proceedings, Maladministration, Planning Permission, Corruption Allegations, Abuse of Process, Balance of Justice, Dismissal for Want of Prosecution
Civil Procedure Administrative Law Delay in Prosecution of Proceedings Maladministration Planning Permission Corruption Allegations Abuse of Process Balance of Justice +1 more

Case Brief

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Parties

Clare Manor Hotel Limited

Plaintiff/applicant

The Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin

Defendant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court Order Dismissing Proceedings for Inordinate and Inexcusable Delay

Legal Issues

  1. 1 Whether the delay in prosecuting the proceedings was inordinate and inexcusable
  2. 2 Whether the balance of justice required dismissal of the proceedings due to prejudice and inability to have a fair trial

Ratio Decidendi

The delay in prosecuting the proceedings was inordinate and inexcusable. Any reasonable expectation that the Tribunal would investigate the plaintiff's complaint ceased by 2004 at the latest. The plaintiff failed to progress the case or inform the defendant of its intention to await the Tribunal. The balance of justice favoured dismissal due to the impossibility of a fair trial after such a lapse of time, the unavailability of witnesses, faded memories, and the lack of particularisation of the allegations. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Proceedings dismissed for inordinate and inexcusable delay