Faherty -v- Minister for Defence & Ors [2007] IEHC 371 (22 October 2007)
The delay in prosecuting the claim was both inordinate and inexcusable, and the balance of justice required dismissal of the proceedings due to the risk of prejudice and inability to ensure a fair trial.
- Citation
- [2007] IEHC 371
- Parties
- Plaintiff: Michael Faherty; Defendants: Minister for Defence, Ireland and the Attorney General
- Jurisdiction
- Ireland
- Judgment Date
- 22 October 2007
- Procedural Posture
- Application to Dismiss for Want of Prosecution / High Court Judgment on Motion to Dismiss for Inordinate and Inexcusable Delay
- Outcome
- Plaintiff's claim dismissed for inordinate and inexcusable delay
- Legal Topics
- Inordinate and Inexcusable Delay, Dismissal for Want of Prosecution, Balance of Justice, Personal Injury Claim, Timely Disposal of Proceedings
Case Brief
Summary, issues, holding and outcome
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Parties
Michael Faherty
Plaintiff
Minister for Defence, Ireland and the Attorney General
Defendants
Procedural Posture
Application to Dismiss for Want of Prosecution / High Court Judgment on Motion to Dismiss for Inordinate and Inexcusable Delay
Legal Issues
- 1 Whether the plaintiff's delay in prosecuting the claim was inordinate and inexcusable
- 2 Whether the balance of justice required dismissal of the proceedings
Ratio Decidendi
The delay in prosecuting the claim was both inordinate and inexcusable, and the balance of justice required dismissal of the proceedings due to the risk of prejudice and inability to ensure a fair trial.
Court Disposition
Plaintiff's claim dismissed for inordinate and inexcusable delay
Orders
- Proceedings struck out
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