Doyle & Anor v Foley (Approved) [2022] IECA 193 (08 August 2022)

Doyle & Anor v Foley (Approved) [2022] IECA 193 (08 August 2022)

The plaintiff was guilty of inordinate and inexcusable delay in prosecuting the claim, with no sufficient excuse for the periods of inactivity. The defendant established moderate prejudice due to the passage of time and reliance on oral evidence regarding events from 2008-2011. The balance of justice favoured dismissal of the proceedings.

Citation
[2022] IECA 193
Parties
Plaintiff/appellant: Ray Doyle; Defendant/respondent: Joseph Foley
Jurisdiction
Ireland
Judgment Date
08 August 2022
Procedural Posture
Civil Appeal / Appeal From High Court Order Striking Out Claim for Inordinate and Inexcusable Delay
Outcome
appeal dismissed; High Court order striking out claim affirmed
Legal Topics
Inordinate and Inexcusable Delay, Dismissal of Proceedings, Balance of Justice, Remittal to Circuit Court, Prejudice in Litigation
Civil Procedure Inordinate and Inexcusable Delay Dismissal of Proceedings Balance of Justice Remittal to Circuit Court Prejudice in Litigation

Case Brief

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Parties

Ray Doyle

Plaintiff/appellant

Joseph Foley

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Order Striking Out Claim for Inordinate and Inexcusable Delay

Legal Issues

  1. 1 Whether the delay in prosecuting the claim was inordinate and inexcusable
  2. 2 Whether the balance of justice favours dismissal of the proceedings
  3. 3 Whether moderate or marginal prejudice to the defendant suffices for dismissal

Ratio Decidendi

The plaintiff was guilty of inordinate and inexcusable delay in prosecuting the claim, with no sufficient excuse for the periods of inactivity. The defendant established moderate prejudice due to the passage of time and reliance on oral evidence regarding events from 2008-2011. The balance of justice favoured dismissal of the proceedings.

Court Disposition

appeal dismissed; High Court order striking out claim affirmed

Orders

  • Proceedings struck out for inordinate and inexcusable delay
  • No order on motion to remit to Circuit Court