Quinn -v- Faulkner t/a Faulkner's Garage & Anor [2011] IEHC 103 (14 March 2011)

Quinn -v- Faulkner t/a Faulkner's Garage & Anor [2011] IEHC 103 (14 March 2011)

The proceedings were struck out because the plaintiff was guilty of inordinate and inexcusable delay, and the public interest in the timely administration of justice required dismissal, notwithstanding that both parties contributed to the delay and that the balance of justice between them was otherwise equivocal.

Citation
[2011] IEHC 103
Parties
Plaintiff: John Quinn; First Defendant: Francis Faulkner trading as Faulkner’s Garage; Second Defendant: MMC Commercials Ltd
Jurisdiction
Ireland
Judgment Date
14 March 2011
Procedural Posture
Civil Appeal / High Court Appeal From Circuit Court Order Refusing to Strike Out Proceedings for Delay
Outcome
Appeal allowed; proceedings struck out for inordinate and inexcusable delay.
Legal Topics
Inordinate Delay, Strike Out of Proceedings, Public Interest in Timely Justice, Balance of Justice, Limitation Period
Civil Procedure Inordinate Delay Strike Out of Proceedings Public Interest in Timely Justice Balance of Justice Limitation Period

Case Brief

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Parties

John Quinn

Plaintiff

Francis Faulkner trading as Faulkner’s Garage

First Defendant

MMC Commercials Ltd

Second Defendant

Procedural Posture

Civil Appeal / High Court Appeal From Circuit Court Order Refusing to Strike Out Proceedings for Delay

Legal Issues

  1. 1 Whether proceedings should be struck out for inordinate and inexcusable delay
  2. 2 Whether the balance of justice favors striking out the proceedings
  3. 3 Whether public interest in timely administration of justice requires dismissal

Ratio Decidendi

The proceedings were struck out because the plaintiff was guilty of inordinate and inexcusable delay, and the public interest in the timely administration of justice required dismissal, notwithstanding that both parties contributed to the delay and that the balance of justice between them was otherwise equivocal.

Court Disposition

Appeal allowed; proceedings struck out for inordinate and inexcusable delay.

Orders

  • Proceedings against MMC Commercials Ltd struck out.
  • No order as to costs specified in the judgment.