Palmer v Palmer & Ors [2020] IEHC 108 (31 January 2020)

Palmer v Palmer & Ors [2020] IEHC 108 (31 January 2020)

The plaintiff was guilty of inordinate and inexcusable delay in prosecuting the proceedings, and the balance of justice required dismissal, particularly given the serious nature of the allegations and the prejudice to the defendants.

Citation
[2020] IEHC 108
Parties
Plaintiff: Brian Palmer; Defendant: Thomas Palmer; Defendant: Kapp and Peterson Limited; Defendant: Kapp and Peterson (Holding) Limited; Defendant: Winstone Investments Limited; Defendant: Lomsey Limited
Jurisdiction
Ireland
Judgment Date
31 January 2020
Procedural Posture
Plenary Summons / Application to Dismiss for Inordinate and Inexcusable Delay
Outcome
Proceedings dismissed for inordinate and inexcusable delay on the part of the plaintiff.
Legal Topics
Inordinate and Inexcusable Delay, Dismissal for Want of Prosecution, Breach of Contract, Fraudulent Misrepresentation, Negligent Misstatement
Civil Procedure Commercial Law Inordinate and Inexcusable Delay Dismissal for Want of Prosecution Breach of Contract Fraudulent Misrepresentation Negligent Misstatement

Case Brief

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Parties

Brian Palmer

Plaintiff

Thomas Palmer

Defendant

Kapp and Peterson Limited

Defendant

Kapp and Peterson (Holding) Limited

Defendant

Winstone Investments Limited

Defendant

Lomsey Limited

Defendant

Procedural Posture

Plenary Summons / Application to Dismiss for Inordinate and Inexcusable Delay

Legal Issues

  1. 1 Whether the plaintiff's delay in prosecuting the proceedings was inordinate and inexcusable
  2. 2 Whether the balance of justice required dismissal of the proceedings

Ratio Decidendi

The plaintiff was guilty of inordinate and inexcusable delay in prosecuting the proceedings, and the balance of justice required dismissal, particularly given the serious nature of the allegations and the prejudice to the defendants.

Court Disposition

Proceedings dismissed for inordinate and inexcusable delay on the part of the plaintiff.

Orders

  • Proceedings dismissed