S. -v- Mc D. & Anor [2009] IEHC 95 (20 February 2009)

S. -v- Mc D. & Anor [2009] IEHC 95 (20 February 2009)

The delay in commencing proceedings was excusable due to the plaintiff's psychological and psychiatric condition attributable to the alleged abuse, and the defendant failed to demonstrate clear and patent unfairness or actual prejudice resulting from the delay; therefore, the application to dismiss was refused.

Citation
[2009] IEHC 95
Parties
Plaintiff: J. S.; Defendant: A. M. McD.; Defendant: J. K.
Jurisdiction
Ireland
Judgment Date
20 February 2009
Procedural Posture
Personal Injury Claim / Interlocutory Application to Dismiss for Delay/want of Prosecution
Outcome
Application to dismiss refused
Legal Topics
Delay in Prosecution, Pre Commencement Delay, Personal Injury, Sexual Abuse, Excusable Delay, Prejudice to Defendant
Tort Law Civil Procedure Delay in Prosecution Pre Commencement Delay Personal Injury Sexual Abuse Excusable Delay Prejudice to Defendant

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Parties

J. S.

Plaintiff

A. M. McD.

Defendant

J. K.

Defendant

Procedural Posture

Personal Injury Claim / Interlocutory Application to Dismiss for Delay/want of Prosecution

Legal Issues

  1. 1 Whether the plaintiff's claim should be dismissed for inordinate and inexcusable delay or want of prosecution
  2. 2 Whether pre-commencement delay caused clear and patent unfairness to the defendant

Ratio Decidendi

The delay in commencing proceedings was excusable due to the plaintiff's psychological and psychiatric condition attributable to the alleged abuse, and the defendant failed to demonstrate clear and patent unfairness or actual prejudice resulting from the delay; therefore, the application to dismiss was refused.

Court Disposition

Application to dismiss refused

Orders

  • Refusal of the defendant's motion to dismiss the plaintiff's claim for delay or want of prosecution