Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Appeal from Circuit Court to proceed despite delay of over seven years
|
or click here to request site subscription to search and view all judgments |
High Court refuses to grant order dismissing appeal from a 2015 order of possession in the Circuit Court, where arrears of mortgage repayments were over €500,000 and the appellant claimed not to have been on notice of the Circuit Court hearing, on the grounds that: (a) the appellant was a lay litigant and had not properly understood the procedure for obtaining a hearing date; and (b) it had been open to the plaintiff financial institution to progress the matter to hearing.
Application to dismiss appeal from Circuit Court - order of possession - want of prosecution - order granted 2015 - time extended to appeal in 2016 - order made to substitute plaintiff in 2022 - motion to dismiss issued in January 2023 - seven-year period of inaction - plaintiff busy with other commitments - claim that she was waiting for a date to be assigned - defendant not present in court when possession order granted - notice of appeal filed - whether delay inordinate - whether delay inexcusable - balance of justice - arrears of mortgage repayments amounting to over €500K - case management.
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.
