Another Case Of "Don't Look Up"? – 13-Year-Old Proceedings Dismissed For Delay

In a recent decision of Mr. Justice Rory Mulcahy in Coughlan & Anor v. Stokes & Ors  ¹, High Court proceedings issued in April 2011 were dismissed for want of prosecution as against the Third and Fourth Defendants to those proceedings. The decision is another reminder for plaintiffs to “just look up” and prosecute their claims with expedition, rather than dealing with the potentially wide-reaching effects of those claims being dismissed for delay. Ricky Kelly- New Window, Partner and Hilda Mannix- New Window, Senior Associate, both of RDJ LLP's Dispute Resolution- New Window team, advised the successful Third and Fourth Defendants.

Background

The substance of the Plaintiffs' claim in the plenary proceedings (the “Proceedings”) related to a claim for specific performance of a settlement agreement reached in May 2009 (the “Settlement Agreement”), pursuant to which two earlier sets of proceedings had been compromised. Those earlier proceedings, which were