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ARTICLE · 26 JULY 2021

Courts Continue To Crack Down On Litigation Delays

Dillon Eustace
Dillon Eustace
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Two recent judgments of the High Court, dismissing proceedings for inordinate and inexcusable delay, are indicative of the courts' continuing approach to the failure to observe time limits in litigation.

IrelandLitigation, Mediation & Arbitration
Rachel Turner
Rachel Turner
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Two recent judgments of the High Court, dismissing proceedings for inordinate and inexcusable delay, are indicative of the courts' continuing approach to the failure to observe time limits in litigation.

In Kennedy v. Wexford County Council and Priority Construction Company Limited [2021] IEHC 187, the High Court struck out, on the grounds of inordinate and inexcusable delay, a plaintiff's action claiming damages for trespass and nuisance. In his judgment, Owens J. observed that "all plaintiffs are taken to know that where an action is commenced long after the events giving rise to the cause of action, they have a positive obligation to advance proceedings to trial with expedition."

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