Doyle -v- Gibney & Ors [2011] IEHC 10 (18 January 2011)

Doyle -v- Gibney & Ors [2011] IEHC 10 (18 January 2011)

The proceedings were struck out and the renewal of the summons set aside due to inordinate and inexcusable delay, lack of explanation, and prejudice to defendants, with no good reason advanced for renewal after eleven years.

Citation
[2011] IEHC 10
Parties
Plaintiff: Siobhan Doyle; Defendant: George Gibney; Defendant: Irish Amateur Swimming Association Limited; Defendant: Olympic Council of Ireland Limited; Defendant: Irish Amateur Swimming Association (Leinster Branch) Limited
Jurisdiction
Ireland
Judgment Date
18 January 2011
Procedural Posture
Civil / High Court Judgment on Motions to Strike Out Proceedings and Set Aside Renewal of Summons
Outcome
Proceedings struck out; renewal of summons set aside.
Legal Topics
Inordinate Delay, Renewal of Summons, Fair Procedures, Statute of Limitations, Professional Negligence
Civil Procedure Constitutional Law Inordinate Delay Renewal of Summons Fair Procedures Statute of Limitations Professional Negligence

Case Brief

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Parties

Siobhan Doyle

Plaintiff

George Gibney

Defendant

Irish Amateur Swimming Association Limited

Defendant

Olympic Council of Ireland Limited

Defendant

Irish Amateur Swimming Association (Leinster Branch) Limited

Defendant

Procedural Posture

Civil / High Court Judgment on Motions to Strike Out Proceedings and Set Aside Renewal of Summons

Legal Issues

  1. 1 Whether proceedings should be struck out for inordinate and inexcusable delay
  2. 2 Whether renewal of summons after eleven years was justified
  3. 3 Balance of justice between parties under Primor test

Ratio Decidendi

The proceedings were struck out and the renewal of the summons set aside due to inordinate and inexcusable delay, lack of explanation, and prejudice to defendants, with no good reason advanced for renewal after eleven years.

Court Disposition

Proceedings struck out; renewal of summons set aside.

Orders

  • Order of Peart J. renewing the summons set aside under O.8, r.2.
  • Proceedings against IASA struck out for inordinate and inexcusable delay.