Sneyd v Stripes Support Services LTD trading as Kammac Support & Ors (Approved) [2023] IEHC 68 (17 February 2023)

Sneyd v Stripes Support Services LTD trading as Kammac Support & Ors (Approved) [2023] IEHC 68 (17 February 2023)

The delay, though inordinate, was excusable due to complexity of the case, solicitor departure, and Covid-19 pandemic. No real prejudice to defendants was established; all relevant evidence remains available. The balance of justice favours allowing the action to proceed.

Citation
[2023] IEHC 68
Parties
Plaintiff: Peter Sneyd; First Defendant: Stripes Support Services Limited t/a Kammac Support Services; Second Defendant: Diageo Ireland Limited; Third Defendant: Shannon Transport International Limited
Jurisdiction
Ireland
Judgment Date
17 February 2023
Procedural Posture
Personal Injury / Application to Strike Out for Delay and Want of Prosecution
Outcome
Reliefs sought by defendants to strike out the action refused
Legal Topics
Delay in Prosecution, Striking Out Proceedings, Repetitive Strain Injury, Employer Liability, Occupier Liability
Civil Procedure Personal Injury Delay in Prosecution Striking Out Proceedings Repetitive Strain Injury Employer Liability Occupier Liability

Case Brief

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Parties

Peter Sneyd

Plaintiff

Stripes Support Services Limited t/a Kammac Support Services

First Defendant

Diageo Ireland Limited

Second Defendant

Shannon Transport International Limited

Third Defendant

Procedural Posture

Personal Injury / Application to Strike Out for Delay and Want of Prosecution

Legal Issues

  1. 1 Whether delay in prosecution of the action was inordinate and inexcusable
  2. 2 Whether the balance of justice favours striking out the plaintiff’s claim
  3. 3 Whether prejudice to defendants exists due to delay

Ratio Decidendi

The delay, though inordinate, was excusable due to complexity of the case, solicitor departure, and Covid-19 pandemic. No real prejudice to defendants was established; all relevant evidence remains available. The balance of justice favours allowing the action to proceed.

Court Disposition

Reliefs sought by defendants to strike out the action refused

Orders

  • Plaintiff’s action against first and second defendants permitted to proceed
  • Parties to furnish written submissions on final order and costs within two weeks