Maxwell -v- Irish Life Assurance Plc & anor [2018] IEHC 111 (07 March 2018)

Maxwell -v- Irish Life Assurance Plc & anor [2018] IEHC 111 (07 March 2018)

The plaintiff's delay in prosecuting the action was both inordinate and inexcusable, and given the lapse of time and the nature of the factual disputes dependent on witness recollection, there is a substantial risk that a fair trial is no longer possible. The balance of justice therefore requires dismissal of the proceedings.

Citation
[2018] IEHC 111
Parties
Plaintiff: Brian Maxwell; First Defendant: Irish Life Assurance Plc; Second Defendant: John Fallon
Jurisdiction
Ireland
Judgment Date
07 March 2018
Procedural Posture
Civil / Application to Dismiss for Want of Prosecution
Outcome
Plaintiff's action dismissed for want of prosecution
Legal Topics
Dismissal for Want of Prosecution, Inordinate and Inexcusable Delay, Material Non Disclosure, Insurance Contract Avoidance
Civil Procedure Insurance Law Dismissal for Want of Prosecution Inordinate and Inexcusable Delay Material Non Disclosure Insurance Contract Avoidance

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Parties

Brian Maxwell

Plaintiff

Irish Life Assurance Plc

First Defendant

John Fallon

Second Defendant

Procedural Posture

Civil / Application to Dismiss for Want of Prosecution

Legal Issues

  1. 1 Whether the plaintiff's delay in prosecuting the claim was inordinate and inexcusable
  2. 2 Whether the balance of justice required dismissal of the proceedings
  3. 3 Whether the defendants were prejudiced by the delay such that a fair trial was no longer possible

Ratio Decidendi

The plaintiff's delay in prosecuting the action was both inordinate and inexcusable, and given the lapse of time and the nature of the factual disputes dependent on witness recollection, there is a substantial risk that a fair trial is no longer possible. The balance of justice therefore requires dismissal of the proceedings.

Court Disposition

Plaintiff's action dismissed for want of prosecution

Orders

  • Action dismissed for want of prosecution due to inordinate and inexcusable delay
  • No order as to costs specified in the judgment