Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
High Court determines that it does not have jurisdiction to determine whether a summons to tax, which was served almost twelve years after the final orders in a personal injuries case, should be dismissed on the grounds of delay, on the basis that the proceedings were brought to a conclusion by the making of a final order, and the orders sought are beyond the limited supervisory jurisdiction to review a decision of the Taxing Master retained by the Court after the conclusion of proceedings.
Trial of a preliminary issue - Seeking an order dismissing the summons to tax on the grounds of delay - whether or not the court has jurisdiction to entertain this application at all - road traffic accident – issued proceedings which subsequently settled - order of the court - plaintiff’s solicitors did not deliver a bill of costs to the defendant’s solicitors until almost twelve years later – summons to tax – adjournments – defendants brought this application - delay jurisprudence - neither party raised the issue of the court’s jurisdiction to entertain the application – jurisdiction of the Court - novel jurisdiction for which there is no authority - proceedings were brought to a conclusion by the making of a final order - limited supervisory jurisdiction to review a decision of the Taxing Master - all of the delay jurisprudence is concerned with the progress of litigation to its final conclusion – court determines that it does not have jurisdiction to entertain the defendant’s application – application dismissed
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.
The only fast reporting service for all Irish judgments over the past ten years. Click here to request a subscription.
Register Now