McNamee -v- Boyce [2016] IECA 19 (04 February 2016)

McNamee -v- Boyce [2016] IECA 19 (04 February 2016)

The Court of Appeal held that the plaintiff was guilty of inordinate and inexcusable delay in prosecuting her claim, and that this delay, particularly when considered against the backdrop of significant pre-commencement delay, exposed the defendant to significant prejudice, primarily due to the unavailability of his wife as a witness. The High Court erred in attributing blame for the delay to the defendant and in concluding that the prejudice could be overcome by admitting the transcript of the deceased witness. The balance of justice required dismissal of the proceedings.

Citation
[2016] IECA 19
Parties
Plaintiff/respondent: Caroline McNamee; Defendant/appellant: Michael Boyce
Jurisdiction
Ireland
Judgment Date
04 February 2016
Procedural Posture
Civil Appeal / Appeal From High Court Judgment After Jury Trial
Outcome
Appeal allowed; High Court judgment and jury award set aside; plaintiff's claim dismissed for inordinate and inexcusable delay.
Legal Topics
Inordinate and Inexcusable Delay, Dismissal for Want of Prosecution, Prejudice to Fair Trial, Sexual Assault Claims, Balance of Justice
Civil Procedure Tort Law Inordinate and Inexcusable Delay Dismissal for Want of Prosecution Prejudice to Fair Trial Sexual Assault Claims Balance of Justice

Case Brief

Summary, issues, holding and outcome

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Parties

Caroline McNamee

Plaintiff/respondent

Michael Boyce

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment After Jury Trial

Legal Issues

  1. 1 Whether the plaintiff's inordinate and inexcusable delay in prosecuting her claim warranted dismissal of the proceedings
  2. 2 Whether the defendant suffered sufficient prejudice due to the unavailability of a key witness (his wife) to justify dismissal
  3. 3 Whether the High Court erred in its application of the balance of justice test under Primor plc v. Stokes Kennedy Crowley

Ratio Decidendi

The Court of Appeal held that the plaintiff was guilty of inordinate and inexcusable delay in prosecuting her claim, and that this delay, particularly when considered against the backdrop of significant pre-commencement delay, exposed the defendant to significant prejudice, primarily due to the unavailability of his wife as a witness. The High Court erred in attributing blame for the delay to the defendant and in concluding that the prejudice could be overcome by admitting the transcript of the deceased witness. The balance of justice required dismissal of the proceedings.

Court Disposition

Appeal allowed; High Court judgment and jury award set aside; plaintiff's claim dismissed for inordinate and inexcusable delay.

Orders

  • Set aside the High Court order awarding damages and costs to the plaintiff.
  • Dismiss the plaintiff's claim in its entirety.