Patton & Anor -v- Rudd & Anor [2014] IEHC 277 (27 May 2014)

Patton & Anor -v- Rudd & Anor [2014] IEHC 277 (27 May 2014)

The plaintiffs' delay of at least six and possibly twelve years in seeking to enforce the judgment is inordinate and inexcusable, and the balance of justice lies in preserving the defendants' right to fair procedures; therefore, the claim must be dismissed.

Citation
[2014] IEHC 277
Parties
Plaintiff: David Patton; Plaintiff: Robert Patton; Defendant: David Rudd; Defendant: Andrew Rudd
Jurisdiction
Ireland
Judgment Date
27 May 2014
Procedural Posture
Application to Dismiss Claim / Judgment
Outcome
claim dismissed
Legal Topics
Inordinate and Inexcusable Delay, Dismissal of Claim, Balance of Justice, Fair Procedures
Civil Procedure Inordinate and Inexcusable Delay Dismissal of Claim Balance of Justice Fair Procedures

Case Brief

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Parties

David Patton

Plaintiff

Robert Patton

Plaintiff

David Rudd

Defendant

Andrew Rudd

Defendant

Procedural Posture

Application to Dismiss Claim / Judgment

Legal Issues

  1. 1 Whether the plaintiffs' claim should be dismissed for inordinate and inexcusable delay

Ratio Decidendi

The plaintiffs' delay of at least six and possibly twelve years in seeking to enforce the judgment is inordinate and inexcusable, and the balance of justice lies in preserving the defendants' right to fair procedures; therefore, the claim must be dismissed.

Court Disposition

claim dismissed

Orders

  • Order dismissing the plaintiffs' claim for inordinate and inexcusable delay
  • Order for costs in favour of the defendants for the application and proceedings to date