W. -v- W. [2009] IEHC 542 (18 December 2009)

W. -v- W. [2009] IEHC 542 (18 December 2009)

The delay in commencing proceedings was inordinate and inexcusable, particularly in the last two to three years before commencement. The death of the defendant's wife, a key witness, prevents the defendant from fairly meeting the claim. The balance of justice requires dismissal of the proceedings for want of fair trial.

Citation
[2009] IEHC 542
Parties
Plaintiff: F. W.; Defendant: J. W.
Jurisdiction
Ireland
Judgment Date
18 December 2009
Procedural Posture
Civil / Motion to Dismiss for Delay
Outcome
dismissed
Legal Topics
Pre Commencement Delay, Fair Trial, Statute of Limitations, Assessment of Witness Credibility
Civil Procedure Personal Injury Sexual Abuse Pre Commencement Delay Fair Trial Statute of Limitations Assessment of Witness Credibility

Case Brief

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Parties

F. W.

Plaintiff

J. W.

Defendant

Procedural Posture

Civil / Motion to Dismiss for Delay

Legal Issues

  1. 1 Whether inordinate and inexcusable delay bars the prosecution of a claim for alleged childhood sexual abuse
  2. 2 Whether the defendant can receive a fair trial given the delay and the death of a key witness

Ratio Decidendi

The delay in commencing proceedings was inordinate and inexcusable, particularly in the last two to three years before commencement. The death of the defendant's wife, a key witness, prevents the defendant from fairly meeting the claim. The balance of justice requires dismissal of the proceedings for want of fair trial.

Court Disposition

dismissed

Orders

  • Proceedings dismissed for inordinate and inexcusable delay; no fair trial possible due to death of key witness.