Delay And Prejudice

Introduction

The ability for a defendant to dismiss a case on the grounds of delay is well established by the courts. However, there are high standards that the courts adhere to when considering whether the balance of justice lies in favour of dismissing a case.

These standards were first laid down in Rainsford v Limerick Corporation and then approved and expanded upon in Primor PLC v Stokes Kennedy Crowley. The main questions which the court must address are:

1. the party seeking dismissal must prove that the delay was both inordinate and inexcusable; and
2. does the balance of justice lie in favour of proceeding with the case.

This article will focus solely on the issue of where the balance of justice lies.