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The High Court refused an application by a statutory competition body to adjourn proceedings brought by an airline and its holding company, pending the outcome of related appeals in Italy. The plaintiffs sought to proceed with their application challenging the validity of a search warrant obtained and executed in Ireland, while the defendant argued that the outcome of the Italian appeals might render the Irish proceedings unnecessary and help avoid duplication of costs. The Court concluded that continuing the proceedings in Ireland would not result in undue duplication or waste of resources, emphasised the plaintiffs’ right to an expeditious hearing, and found no evidential basis for an alleged overlap between the Irish and Italian legal issues. The Court ruled that an adjournment could potentially cause injustice to the plaintiffs, whereas the defendant would face no disproportionate damage in allowing the Irish case to proceed.
application to adjourn – search warrant – inspection motion – strike-out motion – judicial discretion – duplication of litigation – cross-jurisdictional proceedings – costs risk – statutory competition body – timing of proceedings – relief sought: adjournment – relief sought: inspection of documents – Italy appeals – Rules of the Superior Courts (RSC) – plaintiffs’ entitlement to expeditious hearing
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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