O'Carroll & Anor -v- EBS Building Society & Anor [2013] IEHC 30 (01 February 2013)

O'Carroll & Anor -v- EBS Building Society & Anor [2013] IEHC 30 (01 February 2013)

Delay was inordinate but not inexcusable, as plaintiffs pursued recovery from Mr. Hall with EBS's knowledge and for EBS's potential benefit; EBS did not formally object or force the case on. No substantial prejudice accrued to EBS from Mr. Hall's death, as his evidence would not have materially aided EBS. Relief sought by EBS is refused.

Citation
[2013] IEHC 30
Parties
Plaintiff: Enda Patrick O'Carroll; Plaintiff: Teresa Hunt; Defendant: EBS Building Society; Defendant: Vincent Hall
Jurisdiction
Ireland
Judgment Date
01 February 2013
Procedural Posture
Plenary Summons / Motion to Dismiss for Inordinate and Inexcusable Delay
Outcome
motion refused
Legal Topics
Delay in Prosecution, Dismissal for Want of Prosecution, Agency, Liability of Agent, Probate
Civil Procedure Delay in Prosecution Dismissal for Want of Prosecution Agency Liability of Agent Probate

Case Brief

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Parties

Enda Patrick O'Carroll

Plaintiff

Teresa Hunt

Plaintiff

EBS Building Society

Defendant

Vincent Hall

Defendant

Procedural Posture

Plenary Summons / Motion to Dismiss for Inordinate and Inexcusable Delay

Legal Issues

  1. 1 Whether delay in prosecution of proceedings was inordinate and inexcusable
  2. 2 Whether balance of justice requires dismissal of proceedings
  3. 3 Whether prejudice accrued to defendant due to death of co-defendant

Ratio Decidendi

Delay was inordinate but not inexcusable, as plaintiffs pursued recovery from Mr. Hall with EBS's knowledge and for EBS's potential benefit; EBS did not formally object or force the case on. No substantial prejudice accrued to EBS from Mr. Hall's death, as his evidence would not have materially aided EBS. Relief sought by EBS is refused.

Court Disposition

motion refused

Orders

  • Relief sought by EBS Building Society is refused; proceedings not dismissed.