Dooley -v-Clancy Project Management LTD T/A Clancy Contruct & Anor (Approved) [2023] IEHC 164 (30 March 2023)

Dooley -v-Clancy Project Management LTD T/A Clancy Contruct & Anor (Approved) [2023] IEHC 164 (30 March 2023)

Although the delay in prosecuting the claim was inordinate and inexcusable, the balance of justice did not favor dismissal because the contractor failed to establish real prejudice, as the case would turn on expert evidence rather than witness recollection, and the contractor was not inhibited in its defense by the...

Source-derived case information.

Citation
[2023] IEHC 164
Parties
Plaintiff: Francis Dooley; First Defendant: Clancy Construction Limited T/A Clancy Construction; Second Defendant: Mulcahy McDonagh & Partners
Jurisdiction
Ireland
Judgment Date
30 March 2023
Procedural Posture
Civil / Application to Strike Out for Delay
Outcome
Application to strike out refused
Legal Topics
Strike Out for Delay, Want of Prosecution, Balance of Justice, Prejudice, Limitation Period, Discovery, Construction Disputes
Civil Procedure Tort Contract Strike Out for Delay Want of Prosecution Balance of Justice Prejudice Limitation Period +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Francis Dooley

Plaintiff

Clancy Construction Limited T/A Clancy Construction

First Defendant

Mulcahy McDonagh & Partners

Second Defendant

Procedural Posture

Civil / Application to Strike Out for Delay

Legal Issues

  1. 1 Whether the plaintiff's 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

Although the delay in prosecuting the claim was inordinate and inexcusable, the balance of justice did not favor dismissal because the contractor failed to establish real prejudice, as the case would turn on expert evidence rather than witness recollection, and the contractor was not inhibited in its defense by the delay.

Court Disposition

Application to strike out refused

Orders

  • Reliefs sought by the first defendant in its notice of motion dated 15 September 2021 are refused.
  • Parties to furnish written submissions on final order and costs within four weeks.