Is The Irish Court Of Appeal Becoming Stricter On Delay?

Legal proceedings in the civil courts in Ireland have historically had a poor reputation for delay. The time limits provided by the Court rules, unlike in England and Wales, are regularly ignored without serious consequences. Applications to strike out proceedings because of delay are often brought by frustrated defendants. Where the decisions are appealed, these are now heard by the Court of Appeal. How has it addressed the issue of delay?

Prior to October 2014, parties often waited more than four years for an appeal to be heard by the Supreme Court. There was a certain irony where appeals were brought in cases alleging delay in the proceedings. However, the new Court of Appeal is now starting to deal with the backlog. The Judges are adopting an approach which has led to some viewing the Court as a “colder place” than the Supreme Court. However, this does not mean that all cases are automatically struck out where there was found to be “inordinate and inexcusable delay” - the starting point for any application.

Strike Out for Delay? No

In Colm Granahan t/a CG Roofing1 the appellant appealed a High Court order striking out his claim for delay. Amazingly, the judgment on an “expedited” appeal was handed down by Ms. Justice Mary Irvine on 12 March 2015, a mere four months after the High Court decision under appeal. Parties can no longer “kick it into touch” by issuing an appeal and hope that the other party will lose interest, or run out of funds, before the appeal ever comes on for hearing.

Ms. Justice Irvine agreed with the High Court Judge that there had been inordinate and inexcusable delay. The Court was quite clear that “the primary responsibility for moving a case forward rests with the plaintiff.” The Court of Appeal then considered the next step in the application - where the balance of justice lay. A party has a constitutional right of access to the court. This must be balanced against the prejudice suffered by the defendant arising from the delay. The prejudice claim related to the unavailability of witnesses. The Court did not accept that a witness who had left the party's employment, or who had moved out of the jurisdiction, was automatically unavailable to give evidence. The Court of Appeal weighed in the balance the same evidence heard by the High Court Judge and found in favour of the appellant.

However, the Court warned the Plaintiff to move quickly to protect himself from another application to strike out.

Strike Out for...