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The High Court, on appeal from the Circuit Court, refuses to strike out a lender's claim for possession of a home due to alleged inordinate delay. The homeowner contended that the delay in proceedings, originating from a 2011 cause of action, prejudiced his ability to defend against the possession order. However, the High Court found no substantial risk of an unfair trial or clear injustice resulting from the delay, affirming the Circuit Court's decision and allowing the possession proceedings to continue with urgency.
Home possession order, appeal, Circuit Court, High Court, inordinate delay, O'Domhnaill v Merrick, Primor v Stokes Kennedy Crowley, fair trial, unjust result, mortgage arrears, settlement agreement, memory lapse, medical condition, litigation stress, Notice of Discontinuance, Alternative Repayment Arrangement, legal representation, medical evidence, interest accumulation, urgent expedition.
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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