Ryanair Ltd v On the Beach Ltd (Unapproved) [2023] IECA 180 (17 July 2023)
On The Beach failed to establish even moderate prejudice causally linked to Ryanair's inordinate and inexcusable delay; the balance of justice favours continuance of proceedings rather than dismissal.
- Citation
- [2023] IECA 180
- Parties
- Plaintiff/respondent: Ryanair Limited; Defendant/appellant: On The Beach Limited
- Jurisdiction
- Ireland
- Judgment Date
- 17 July 2023
- Procedural Posture
- Civil Appeal / Appeal From High Court Judgment Refusing Dismissal for Want of Prosecution
- Outcome
- appeal dismissed
- Legal Topics
- Inordinate and Inexcusable Delay, Dismissal for Want of Prosecution, Balance of Justice, Prejudice, Screen Scraping, Passing Off, Copyright Infringement
Case Brief
Summary, issues, holding and outcome
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Parties
Ryanair Limited
Plaintiff/respondent
On The Beach Limited
Defendant/appellant
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Refusing Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the balance of justice requires dismissal of proceedings for inordinate and inexcusable delay
- 2 Whether On The Beach suffered sufficient prejudice due to Ryanair's delay to warrant dismissal
Ratio Decidendi
On The Beach failed to establish even moderate prejudice causally linked to Ryanair's inordinate and inexcusable delay; the balance of justice favours continuance of proceedings rather than dismissal.
Court Disposition
appeal dismissed
Orders
- Ryanair entitled to costs of appeal unless On The Beach requests a hearing on costs within ten days
Full Case Text
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