Stanton v Foley & ors [2018] IEHC 675 (04 December 2018)

Stanton v Foley & ors [2018] IEHC 675 (04 December 2018)

The claim was dismissed because the passage of time, death of the key witness, and destruction of records made it impossible for the defendants to have a fair trial, satisfying the O'Domhnaill test for dismissal due to prejudice.

Citation
[2018] IEHC 675
Parties
Plaintiff: Noel Stanton; Defendant: Fiona Foley; Defendant: Valentine Turnbull; Defendant: Caroline O'Driscoll; Defendant: Christina Stanton
Jurisdiction
Ireland
Judgment Date
04 December 2018
Procedural Posture
Judicial Review / Application to Dismiss for No Reasonable Cause of Action or Delay
Outcome
Claim dismissed
Legal Topics
Strike Out Application, Delay in Proceedings, Fraud, Professional Misconduct, Limitation of Actions
Civil Procedure Professional Negligence Strike Out Application Delay in Proceedings Fraud Professional Misconduct Limitation of Actions

Case Brief

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Parties

Noel Stanton

Plaintiff

Fiona Foley

Defendant

Valentine Turnbull

Defendant

Caroline O'Driscoll

Defendant

Christina Stanton

Defendant

Procedural Posture

Judicial Review / Application to Dismiss for No Reasonable Cause of Action or Delay

Legal Issues

  1. 1 Whether the plaintiff's claim discloses a reasonable cause of action
  2. 2 Whether the proceedings should be dismissed for inordinate and inexcusable delay
  3. 3 Whether the defendants have suffered prejudice such that a fair trial is impossible

Ratio Decidendi

The claim was dismissed because the passage of time, death of the key witness, and destruction of records made it impossible for the defendants to have a fair trial, satisfying the O'Domhnaill test for dismissal due to prejudice.

Court Disposition

Claim dismissed

Orders

  • Claim against first and third defendants dismissed
  • Claim against second defendant struck out