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High Court: (a) dismisses an application to strike out claim for delay in delivering a statement of claim, on the grounds that, while the delay was clearly inordinate and the court did not accept the plaintiff's contention that it was excusable in the circumstances, the court had to consider the conduct of both parties in exercising its discretion and it would be a great injustice to the plaintiff to accede to the application to dismiss on the grounds of delay where the defendants have been guilty of the same conduct; and (b) also dismisses an application for a declaration that part of the plaintiff's claim would more properly be brought by way of judicial review and was therefore out of time, on the grounds that such an objection ought to be raised in the defence in the usual way, and the defendants could thereafter seek a ruling on a preliminary issue if necessary.
Motion to strike out for failure to deliver a statement of claim - motion seeking declaration that part of the claim brought out of time as analogous to judicial review proceedings - plaintiff seeking declaratory reliefs to the effect that the process of recruiting and appointing two Deputy Commissioners of An Garda Síochána infringed his legitimate expectation and constitutional right to fair procedures - whether plaintiff's conduct could be found to be inordinate and inexcusable - whether defendants had also delayed - whether certain part of the plaintiff's claim would more properly have been advanced by judicial review - whether declaratory relief could be granted - whether any basis upon which to depart from procedure for preliminary issues in the RSC.
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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