Extension of time to appeal granted and dismissal order overturned due to plaintiff’s intention and ability to comply with discovery

The High Court has granted the plaintiff an extension of time to appeal a previous order that struck out her action for failing to make full and proper discovery. The court found that despite the absence of a clear averment, the plaintiff had demonstrated an intention to appeal within the required timeframe, as evidenced by her senior counsel's actions. Additionally, the court was satisfied that the plaintiff had an arguable case for appeal and that the balance of prejudice favored the plaintiff, whose serious allegations against the defendant warranted a full hearing. The original decision to dismiss the action for noncompliance with a discovery order was set aside, with the court finding that the plaintiff's solicitor had since obtained the necessary documents and was confident in complying with the discovery order. The court emphasised the importance of ensuring a fair trial and access to justice, and it will consider further orders regarding the consequences of the plaintiff's previous unsatisfactory approach to discovery at a later date.