Court of Appeal allows appeal of High Court decision dismissing claims, arising from alleged assaults by members of An Garda Siochana, on the grounds of undue delay, finding that no specific item of prejudice has been identified by the defendants, and the balance of justice favours permitting the plaintiffs to proceed with their respective actions.
Practice and procedure – appeal of High Court decision dismissing claims on the grounds of undue delay – number of Gardaí allegedly forcibly entered a dwelling without a valid warrant and assaulted plaintiffs – negligence, assault and trespass, false imprisonment and damages for breaches of various constitutional rights – Garda Síochána Ombudsman Commission – inordinate and inexcusable delay – no specific item of prejudice has been identified by the defendants – balance of justice favours permitting the plaintiffs to proceed with their respective actions – appeal allowed