Granahan t/a CG Roofing and General Builders -v- Mercury Engineering [2015] IECA 58 (12 March 2015)

Granahan t/a CG Roofing and General Builders -v- Mercury Engineering [2015] IECA 58 (12 March 2015)

Despite inordinate and inexcusable delay, the balance of justice did not favour dismissal as the prejudice alleged by the defendant was not substantiated and the plaintiff's right of access to the courts outweighed the defendant's concerns; appeal allowed and claim reinstated.

Citation
[2015] IECA 58
Parties
Plaintiff/appellant: Colm Granahan T/A C G Roofing and General Builders; Defendant/respondent: Mercury Engineering
Jurisdiction
Ireland
Judgment Date
12 March 2015
Procedural Posture
Civil Appeal / Appeal From High Court Order Dismissing Claim for Inordinate and Inexcusable Delay
Outcome
Appeal allowed; High Court order dismissing claim set aside; plaintiff permitted to proceed with action.
Legal Topics
Inordinate and Inexcusable Delay, Dismissal for Want of Prosecution, Balance of Justice, Right to Fair Trial, Article 6 ECHR
Civil Procedure Inordinate and Inexcusable Delay Dismissal for Want of Prosecution Balance of Justice Right to Fair Trial Article 6 ECHR

Case Brief

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Parties

Colm Granahan T/A C G Roofing and General Builders

Plaintiff/appellant

Mercury Engineering

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Order Dismissing Claim for Inordinate and Inexcusable Delay

Legal Issues

  1. 1 Whether the delay in prosecution of proceedings was inordinate and inexcusable
  2. 2 Whether the balance of justice favoured dismissal of the claim

Ratio Decidendi

Despite inordinate and inexcusable delay, the balance of justice did not favour dismissal as the prejudice alleged by the defendant was not substantiated and the plaintiff's right of access to the courts outweighed the defendant's concerns; appeal allowed and claim reinstated.

Court Disposition

Appeal allowed; High Court order dismissing claim set aside; plaintiff permitted to proceed with action.

Orders

  • Plaintiff's claim reinstated; plaintiff advised to proceed with all due expedition; defendant may apply again for dismissal if further delay or prejudice occurs.