Constitutional challenge dismissed where plaintiff has no real intention of prosecuting his claim

High Court – procedure – application by defendants to dismiss the plaintiff’s claim for want of prosecution – plaintiff instituted proceedings challenging the constitutionality of the Land and Conveyancing Law Reform Act 2013 – proceedings issued in February 2014 - Court satisfied that there had been inordinate delay – whether the delay was excusable – plaintiff referred to health difficulties and family bereavements – Court satisfied that reasons given were not sufficient to excuse the delay – whether the balance of justice favoured the dismissal of the proceedings – no evidence of any specific prejudice to the State – authorities establish that some degree of prejudice, which need only be of a moderate nature, must be shown to have arisen from the delay in prosecuting the proceedings before the balance of justice can be shown to favour dismissal – plaintiff did not appear to have an intention to prosecute the proceedings – little prospect of the proceedings ever coming to trial – plaintiff’s interest in maintaining the proceedings were entitled to little weight as he did not intend to bring them to trial – the very minimal prejudice shown by the State was sufficient, on the facts, to tip the balance in favour of dismissal – proceedings dismissed