Manning -v- National House Building Guarantee Company Ltd & Anor [2011] IEHC 98 (4 March 2011)

Manning -v- National House Building Guarantee Company Ltd & Anor [2011] IEHC 98 (4 March 2011)

The plaintiff's claim is bound to fail as against the first defendant because the first defendant is not a regulatory body, owes no duty of care to the plaintiff in the circumstances, the Manual merely reflects the Minister's Guidance Document (which is no longer challenged), and there is no factual or legal basis for claims in negligence, breach of statutory duty, competition law, fair procedures, or constitutional right to earn a livelihood. The delay, though inordinate and inexcusable, did not alone justify dismissal, but the claim is dismissed as bound to fail.

Citation
[2011] IEHC 98
Parties
Plaintiff: Noel Manning; First Defendant: The National House Building Guarantee Company Limited; Second Defendant (struck Out): The Minister for the Environment and Local Government
Jurisdiction
Ireland
Judgment Date
04 March 2011
Procedural Posture
Plenary Proceedings / Application to Dismiss/strike Out Claim Before Trial
Outcome
Plaintiff's claim dismissed as bound to fail.
Legal Topics
Want of Prosecution, Inordinate and Inexcusable Delay, Abuse of Process, Negligence, Negligent Misstatement, Breach of Statutory Duty, Competition Law Breach, Fair Procedures and Natural Justice, Constitutional Right to Earn a Livelihood
Civil Procedure Tort Law Competition Law Constitutional Law Want of Prosecution Inordinate and Inexcusable Delay Abuse of Process Negligence +5 more

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Parties

Noel Manning

Plaintiff

The National House Building Guarantee Company Limited

First Defendant

The Minister for the Environment and Local Government

Second Defendant (struck Out)

Procedural Posture

Plenary Proceedings / Application to Dismiss/strike Out Claim Before Trial

Legal Issues

  1. 1 Whether the plaintiff's claim should be dismissed for want of prosecution due to inordinate and inexcusable delay
  2. 2 Whether the plaintiff's claim discloses any reasonable cause of action or is bound to fail and should be struck out as an abuse of process

Ratio Decidendi

The plaintiff's claim is bound to fail as against the first defendant because the first defendant is not a regulatory body, owes no duty of care to the plaintiff in the circumstances, the Manual merely reflects the Minister's Guidance Document (which is no longer challenged), and there is no factual or legal basis for claims in negligence, breach of statutory duty, competition law, fair procedures, or constitutional right to earn a livelihood. The delay, though inordinate and inexcusable, did not alone justify dismissal, but the claim is dismissed as bound to fail.

Court Disposition

Plaintiff's claim dismissed as bound to fail.

Orders

  • Order dismissing the plaintiff’s claim pursuant to the Court’s inherent jurisdiction.