Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
High Court dismisses the defendants' application to dismiss the plaintiff's summary proceedings for loan repayment, which cited inordinate delay and want of prosecution. The court acknowledged the delay from 2018 to 2023 as inordinate, but excused it due to the defendants' consent to numerous adjournments during this period, primarily for negotiations and a substitution application. The court also found that the delay did not result in an inability for the defendants to secure a fair trial. The plaintiff's motion to amend its summons was noted, with the court expressing intent to prevent further unnecessary delay. The plaintiff was deemed entitled to costs, to be adjudicated if not agreed upon, with a stay on execution pending the final outcome.
Summary proceedings, loan repayment, inordinate delay, want of prosecution, European Convention of Human Rights, summary summons, loan facilities, overdraft facility, plenary hearing, adjournments, consent, negotiations, substitution application, fair trial, prejudice, discovery, contractual interpretation, O. 122, r. 11 (Rules of the Superior Courts), Legal Services Regulation Act 2015, costs.
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.
The only fast reporting service for all Irish judgments over the past ten years. Click here to request a subscription.
Register Now