H.A. -v- C.B. [2015] IEHC 154 (10 March 2015)

H.A. -v- C.B. [2015] IEHC 154 (10 March 2015)

Although the delay in initiating proceedings was inordinate and inexcusable, the defendant failed to demonstrate substantial prejudice or a real risk of an unfair trial; therefore, the balance of justice favours allowing the case to proceed.

Citation
[2015] IEHC 154
Parties
Plaintiff: H. A.; Defendant: C. B.
Jurisdiction
Ireland
Judgment Date
10 March 2015
Procedural Posture
Civil / Motion to Dismiss for Want of Prosecution
Outcome
motion refused
Legal Topics
Inordinate and Inexcusable Delay, Want of Prosecution, Sexual Abuse, Statute of Limitations, Fair Trial, Prejudice, Access to Courts
Civil Procedure Personal Injury Constitutional Law Inordinate and Inexcusable Delay Want of Prosecution Sexual Abuse Statute of Limitations Fair Trial +2 more

Case Brief

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Parties

H. A.

Plaintiff

C. B.

Defendant

Procedural Posture

Civil / Motion to Dismiss for Want of Prosecution

Legal Issues

  1. 1 Whether the delay in initiating proceedings was inordinate and inexcusable
  2. 2 Whether the defendant suffered prejudice due to the delay
  3. 3 Whether the balance of justice favours allowing the case to proceed

Ratio Decidendi

Although the delay in initiating proceedings was inordinate and inexcusable, the defendant failed to demonstrate substantial prejudice or a real risk of an unfair trial; therefore, the balance of justice favours allowing the case to proceed.

Court Disposition

motion refused

Orders

  • The defendant's motion to dismiss for want of prosecution is refused.