L.L v F.X.I.S & Ors [2007] IEHC 171 (16 May 2007)

L.L v F.X.I.S & Ors [2007] IEHC 171 (16 May 2007)

Delay between entry of appearance and attempted delivery of Statement of Claim was inordinate but excusable due to plaintiff's mental health and circumstances surrounding Redress Board claim; extension of time granted.

Citation
[2007] IEHC 171
Parties
Plaintiff: L. L.; Defendant: F. X. I. S.; Defendant: B. A.; Defendant: The Minister for Education and Science; Defendant: The Minister for Justice, Equality and Law Reform; Defendant: C. D. A.; Defendant: T. F.; Defendant: L. C.; Defendant: Ireland; Defendant: The Attorney General
Jurisdiction
Ireland
Judgment Date
16 May 2007
Procedural Posture
Application for Enlargement of Time for Delivery of Statement of Claim / High Court Judgment on Motion
Outcome
Application granted
Legal Topics
Extension of Time, Delay in Prosecution, Vicarious Liability, Prejudice, Redress Board Proceedings
Civil Procedure Personal Injury Institutional Abuse Extension of Time Delay in Prosecution Vicarious Liability Prejudice Redress Board Proceedings

Case Brief

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Parties

L. L.

Plaintiff

F. X. I. S.

Defendant

B. A.

Defendant

The Minister for Education and Science

Defendant

The Minister for Justice, Equality and Law Reform

Defendant

C. D. A.

Defendant

T. F.

Defendant

L. C.

Defendant

Ireland

Defendant

The Attorney General

Defendant

Procedural Posture

Application for Enlargement of Time for Delivery of Statement of Claim / High Court Judgment on Motion

Legal Issues

  1. 1 Whether delay in delivery of Statement of Claim was inordinate and inexcusable
  2. 2 Whether prejudice to defendant warrants refusal of extension
  3. 3 Whether plaintiff's mental health and pursuit of Redress Board claim excuses delay

Ratio Decidendi

Delay between entry of appearance and attempted delivery of Statement of Claim was inordinate but excusable due to plaintiff's mental health and circumstances surrounding Redress Board claim; extension of time granted.

Court Disposition

Application granted

Orders

  • Time for delivery of Statement of Claim to solicitors for 6th named defendant enlarged by 21 days from date of judgment