Stephens -v- Flynn Ltd. [2008] IESC 4 (25 February 2008)

Stephens -v- Flynn Ltd. [2008] IESC 4 (25 February 2008)

The delay of over twenty months in delivering the Statement of Claim was inordinate and inexcusable. The excuse offered by the plaintiff was entirely without substance, as the engineer was not ill or hospitalised. The balance of justice favored dismissal, as the defendant would suffer prejudice from further delay and litigation. The High Court's discretionary order to dismiss was within reasonable bounds and should not be interfered with.

Citation
[2008] IESC 4
Parties
Plaintiff/appellant: Gerald J. P. Stephens; Defendant/respondent: Paul Flynn Limited
Jurisdiction
Ireland
Judgment Date
25 February 2008
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Order Dismissing Claim for Want of Prosecution
Outcome
appeal dismissed
Legal Topics
Dismissal for Want of Prosecution, Inordinate and Inexcusable Delay, Balance of Justice, Building Contract Dispute, European Convention on Human Rights Article 6
Civil Procedure Contract Law Construction Law Dismissal for Want of Prosecution Inordinate and Inexcusable Delay Balance of Justice Building Contract Dispute European Convention on Human Rights Article 6

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Parties

Gerald J. P. Stephens

Plaintiff/appellant

Paul Flynn Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Order Dismissing Claim for Want of Prosecution

Legal Issues

  1. 1 Whether the delay in prosecuting the claim was inordinate and inexcusable
  2. 2 Whether the balance of justice required dismissal of the proceedings for want of prosecution

Ratio Decidendi

The delay of over twenty months in delivering the Statement of Claim was inordinate and inexcusable. The excuse offered by the plaintiff was entirely without substance, as the engineer was not ill or hospitalised. The balance of justice favored dismissal, as the defendant would suffer prejudice from further delay and litigation. The High Court's discretionary order to dismiss was within reasonable bounds and should not be interfered with.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Order of the High Court dismissing the plaintiff's claim for want of prosecution affirmed