Proceedings alleging mistreatment at the hands of members of An Garda Síochána are struck out on grounds of delay

Practice and procedure – delay – refusal of application to dismiss the plaintiff’s claim on the grounds of inordinate and inexcusable delay – alleged mistreatment at the hands of members of An Garda Síochána – O. 27 r. 1 and O. 122 r.11 of the Rules of the Superior Courts – whether trial judge delay that had occurred throughout the entire proceedings or since the previous application to dismiss the claim on the grounds of delay – whether the balance of justice favoured the dismissal of the action – jurisdiction of Court of Appeal – 33rd Amendment of the Constitution (Court of Appeal) Act 2013 – scope of appeal from the decisions of the High Court – s. 52 of the Supreme Court of Judicature (Ireland) Act 1877 – appellate review not confined to demonstrating that there had been an error of principle on the part of the trial judge – fell into error when he concluded that the plaintiff had not been not been guilty of inordinate and inexcusable delay – judge incorrectly focused entirely on the delay post dating first refusal to dismiss proceedings due to delay – proceedings must be dismissed – appeal allowed.