McGarry -v- Minister for Defence & ors [2016] IESC 5 (17 February 2016)

McGarry -v- Minister for Defence & ors [2016] IESC 5 (17 February 2016)

The claim was dismissed because the delay in prosecuting the action was both inordinate and inexcusable, resulting in irretrievable prejudice to the defendants, including the loss of witnesses and evidence, such that a fair trial was no longer possible. The balance of justice required dismissal.

Citation
[2016] IESC 5
Parties
Plaintiff/appellant: Peter McGarry; Defendant/respondent: Minister for Defence; Defendant/respondent: Ireland; Defendant/respondent: Attorney General
Jurisdiction
Ireland
Judgment Date
17 February 2016
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Dismissal for Want of Prosecution
Outcome
appeal dismissed
Legal Topics
Inordinate and Inexcusable Delay, Want of Prosecution, Balance of Justice, Prejudice, Constitutional Right to Timely Trial, Post Traumatic Stress Disorder, Statute of Limitations
Civil Procedure Tort Law Inordinate and Inexcusable Delay Want of Prosecution Balance of Justice Prejudice Constitutional Right to Timely Trial Post Traumatic Stress Disorder +1 more

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Parties

Peter McGarry

Plaintiff/appellant

Minister for Defence

Defendant/respondent

Ireland

Defendant/respondent

Attorney General

Defendant/respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Dismissal for Want of Prosecution

Legal Issues

  1. 1 Whether the delay in prosecuting the claim was inordinate and inexcusable
  2. 2 Whether the balance of justice required dismissal of the claim
  3. 3 Whether the delay caused irretrievable prejudice to the defendants

Ratio Decidendi

The claim was dismissed because the delay in prosecuting the action was both inordinate and inexcusable, resulting in irretrievable prejudice to the defendants, including the loss of witnesses and evidence, such that a fair trial was no longer possible. The balance of justice required dismissal.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Court to hear counsel in relation to the cross-appeal on costs