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Court of Appeal dismisses appeal, and affirms High Court order striking out of plaintiff’s personal injuries claim (involving a road traffic accident with an unmarked garda vehicle) on the grounds of inordinate and inexcusable delay, finding that the plaintiff’s delay in prosecuting his claim was both inordinate and inexcusable, and the balance of justice favoured the dismissal of the proceedings.
Practice and procedure – appeal of High Court dismissal of plaintiff’s claim by reason of inordinate and inexcusable delay – personal injuries claim arising from a road traffic accident with an unmarked garda vehicle – eight years had elapsed since the date of the alleged accident – whether delay had prejudicial effect – whether the balance of justice favoured the dismissal of the proceedings – balance of justice favoured the dismissal of the proceedings – High Court judge was correct when he concluded that the plaintiff’s delay in prosecuting his claim in these proceedings was both inordinate and inexcusable – appeal dismissed.
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