By: Katie Mai McCarthy BL
High Court grant's Plaintiff's application for an interlocutory injunction restraining the HSE from taking any steps in respect of a proposed investigation into alleged misconduct, on the grounds that the Plaintiff, a colorectal surgeon, raised a fair issue to be tried that the HSE's chief executive officer unlawfully delegated a crucial aspect of his decision-making function in the inquiry to an independent investigator.
High Court refuses to dismiss for delay a claim by a trustee of a pension fund against accountants for alleged misrepresentation of a debt due to a company, which the plaintiff claimed to have relied upon in making an investment decision, on the grounds that: (a) the plaintiff had not been guilty of inordinate delay, either pre-commencement or post-commencement, especially in circumstances where the defendants had been guilty of delay in delivering both a defence and replies to particulars; and (b) the defendants could not establish any prejudice, let alone such prejudice as would be required to dismiss the claim.
High Court, in proceedings in which the plaintiff alleges that the fourth defendant, an architectural technician, was negligent in furnishing a certificate that a building complied with the retention permission that had issued in respect of that development and, in particular, in failing to inform him that the buildings, as constructed, extended beyond the folios that he owned, refuses an an application to strike out the action as against the fourth defendant, on the grounds that: an expert report clearly establishes that there is a basis for arguing that the fourth defendant acted negligently in providing the certificate; there were considerable factors which excuse the delay in commencing the proceedings; and even if the delay is held to be inordinate and inexcusable, the balance of justice is in favour of allowing the action to proceed for a number of reasons, including the fact that the fourth defendant has not suffered any forensic prejudice as a result of the dey.
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