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The High Court, in a motion seeking judgment in default of defence, has granted an extension of time to the Courts Service of Ireland for the delivery of a defence in a case alleging negligence in other proceedings, where the plaintiff had acted promptly, and where the defence had been delivered by the time the motion was heard. The court noted that no substantial prejudice had been caused to the plaintiff, while significant prejudice would befall the defendant if not allowed to defend.
negligence, default judgment, extension of time, Rules of the Superior Courts (RSC), Order 27, interests of justice, access to justice, constructive engagement, particulars, plenary summons, statement of claim, defence delivery, constitutional right, no order as to costs, liberty to apply.
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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