Fahy & Anor -v- Sanlon & Anor [2011] IEHC 293 (14 July 2011)

The balance of justice lies in favour of striking out the proceedings due to inordinate and inexcusable delay, prejudice to defendants from loss of evidence and recollection, and failure by plaintiffs to prosecute with reasonable expedition.

Source-derived case information.

Citation: [2011] IEHC 293
Parties: Plaintiff: Ernest Fahy; Plaintiff: Liam Fahy; Defendant: Thomas Scanlon; Defendant: Aidan McGuinness
Jurisdiction: Ireland
Judgment Date: 14 July 2011
Procedural Posture: Plenary Summons / Motion to Strike Out for Inordinate and Inexcusable Delay
Outcome: proceedings struck out for inordinate and inexcusable delay
Legal Topics: Delay in Prosecution, Rescission, Misrepresentation, Breach of Contract, Strike Out Proceedings

Civil Procedure Contract Law Delay in Prosecution Rescission Misrepresentation Breach of Contract Strike Out Proceedings

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 6 Party arguments 2 Amounts and remedies 5

Parties

Ernest Fahy

Plaintiff

Liam Fahy

Plaintiff

Thomas Scanlon

Defendant

Aidan McGuinness

Defendant

Procedural Posture

Plenary Summons / Motion to Strike Out for Inordinate and Inexcusable Delay

Legal Issues

1 Whether proceedings should be struck out for inordinate and inexcusable delay
2 Whether delay is excusable due to solicitor illness and difficulties in service
3 Whether prejudice to defendants justifies dismissal

Ratio Decidendi

Court Disposition

proceedings struck out for inordinate and inexcusable delay

Orders

Proceedings are struck out.
No determination on alternative ground of failure to disclose reasonable cause of action.

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