Putting Justice To Hazard: When Does Delay Justify The Dismissal Of Proceedings?

• Published date: 12 April 2022
• Law Firm: William Fry
• Author: Mr Paul Convery, Adele Hall and Gail Nohilly

There has been an increase in applications to dismiss legal proceedings for want of prosecution on the grounds of delay before the Irish courts in recent months. In this Briefing we look at the principles a court will apply to such applications, and their likelihood of success, with reference to these recent cases.

INTRODUCTION

The procedure, including the time periods, for the prosecution of civil proceedings before the High Court (Court) is regulated under statutory court rules, the Rules of the Superior Courts (RSC). The RSC make specific provision for applications to dismiss civil proceedings for want of prosecution where there is a failure to comply with certain procedural rules. Separate to applications under the RSC, the Court has an inherent jurisdiction to dismiss proceedings for want of prosecution on the grounds of delay where so required by the interests of justice.

In recent months several applications to dismiss proceedings for want of prosecution on the grounds of delay came before the...