Diamrem Ltd v Clare County Council (Unapproved) [2023] IECA 49 (06 March 2023)

Diamrem Ltd v Clare County Council (Unapproved) [2023] IECA 49 (06 March 2023)

The Court of Appeal held that, although the delay of 22 months was inordinate, it was excusable in the circumstances due to the overlap with the s.160 proceedings, the obstructive conduct of the respondent regarding FOI requests, and the respondent's awareness of the plaintiff's approach. The cumulative effect of these factors justified the delay, and the High Court erred in treating the delay as inexcusable. Accordingly, the dismissal of the proceedings was set aside.

Citation
[2023] IECA 49
Parties
Plaintiff/appellant: Diamrem Limited; Defendant/respondent: Clare County Council
Jurisdiction
Ireland
Judgment Date
06 March 2023
Procedural Posture
Civil Appeal / Appeal From High Court Dismissal for Delay
Outcome
Appeal allowed; High Court order dismissing proceedings set aside.
Legal Topics
Inordinate and Inexcusable Delay, Misfeasance in Public Office, Planning Permission, Freedom of Information, Balance of Justice in Striking Out Proceedings
Civil Procedure Administrative Law Planning Law Inordinate and Inexcusable Delay Misfeasance in Public Office Planning Permission Freedom of Information Balance of Justice in Striking Out Proceedings

Case Brief

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Parties

Diamrem Limited

Plaintiff/appellant

Clare County Council

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Dismissal for Delay

Legal Issues

  1. 1 Whether the delay in prosecuting the action was inordinate and inexcusable
  2. 2 Whether the balance of justice required dismissal of the proceedings for delay
  3. 3 Whether the plaintiff's reasons for delay (parallel proceedings, FOI requests, change of legal team) excused the delay

Ratio Decidendi

The Court of Appeal held that, although the delay of 22 months was inordinate, it was excusable in the circumstances due to the overlap with the s.160 proceedings, the obstructive conduct of the respondent regarding FOI requests, and the respondent's awareness of the plaintiff's approach. The cumulative effect of these factors justified the delay, and the High Court erred in treating the delay as inexcusable. Accordingly, the dismissal of the proceedings was set aside.

Court Disposition

Appeal allowed; High Court order dismissing proceedings set aside.

Orders

  • Proceedings to continue in the High Court.