Court of Appeal dismisses appeal from High Court, and affirms order dismissing claim against firm of solicitors concerning an agreement in 2006 to purchase lands jointly with the plaintiff, on the grounds that: (a) the plaintiff sought to raise arguments on appeal that had not been raised before the High Court; (b) the plaintiff delayed in issuing the proceedings, and had not even sent a letter of claim to the defendants prior to issue; (c) the plaintiff was guilty of further delays following the issue of proceedings, with no adequate explanation; (d) the matter was one to be determined on oral evidence, and certain witnesses had died or were unavailable, giving rise to prejudice; and (e) the effect of such a claim on a firm of solicitors, including on their reputation and insurance premium, was a matter of further prejudice.
Noonan J (nem diss): Date of delivery of decision in High Court - role of appeal court in hearing - arguments not raised before High Court - oral agreement with firm of solicitors - partnership for purpose of purchasing development land - 2006 contract to purchase subject to planning permission - refusal of planning permission - appeal to An Bord Pleanala - disposal of interest by one party to the purchase - withdrawal of appeal - application to dismiss on grounds of delay - summons issued in 2011 - renewal of summons in 2012 - statement of claim delivered in March 2013 - discovery issues - motion to dismiss issued in June 2018, over 12 years after events in issue - lack of explanation for delay - inordinate - inexcusable - balance of justice - matter to be determined on oral evidence - death of important witness for defence - impact of claim on small solicitors' firm.