McGuinn v The Commissioner of an Garda Siochana & ors [2011] IESC 33 (28 July 2011)

McGuinn v The Commissioner of an Garda Siochana & ors [2011] IESC 33 (28 July 2011)

The Supreme Court held that special circumstances existed at the time of default due to the miscommunication between solicitors, which justified setting aside the judgment. Although the defendants' subsequent delay was inordinate and inexcusable, it did not cause prejudice to the plaintiff or prevent a fair trial. The interests of justice required that the case be heard on its merits, and the defendants were permitted to file a defence, but only on terms that they pay the plaintiff’s costs up to the date of trial.

Citation
[2011] IESC 33
Parties
Plaintiff/respondent: Joseph McGuinn; Defendant/appellant: The Commissioner of an Garda Siochana; Defendant/appellant: The Minister for Justice, Equality and Law Reform; Defendant/appellant: Ireland; Defendant/appellant: The Attorney General
Jurisdiction
Ireland
Judgment Date
28 July 2011
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Decision on Interlocutory Application to Set Aside Judgment in Default of Defence
Outcome
Appeal allowed; High Court order set aside; judgment in default set aside; defendants granted liberty to file defence on terms as to costs.
Legal Topics
Setting Aside Default Judgment, Special Circumstances Under Order 27 Rule 14(2), Delay in Litigation, Right to Fair Hearing, Costs Orders
Civil Procedure Constitutional Law Human Rights Setting Aside Default Judgment Special Circumstances Under Order 27 Rule 14(2) Delay in Litigation Right to Fair Hearing Costs Orders

Case Brief

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Parties

Joseph McGuinn

Plaintiff/respondent

The Commissioner of an Garda Siochana

Defendant/appellant

The Minister for Justice, Equality and Law Reform

Defendant/appellant

Ireland

Defendant/appellant

The Attorney General

Defendant/appellant

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Decision on Interlocutory Application to Set Aside Judgment in Default of Defence

Legal Issues

  1. 1 Whether special circumstances existed at the time of default to justify setting aside judgment under Order 27 Rule 14(2)
  2. 2 Whether inordinate and inexcusable delay disentitles the defendants to relief
  3. 3 How the European Convention on Human Rights Act 2003 affects the court's discretion in procedural matters

Ratio Decidendi

The Supreme Court held that special circumstances existed at the time of default due to the miscommunication between solicitors, which justified setting aside the judgment. Although the defendants' subsequent delay was inordinate and inexcusable, it did not cause prejudice to the plaintiff or prevent a fair trial. The interests of justice required that the case be heard on its merits, and the defendants were permitted to file a defence, but only on terms that they pay the plaintiff’s costs up to the date of trial.

Court Disposition

Appeal allowed; High Court order set aside; judgment in default set aside; defendants granted liberty to file defence on terms as to costs.

Orders

  • Judgment in default of defence set aside
  • Defendants granted liberty to file defence