Courts / Ireland / Report

Guinness' bid to have have long-brewing pension claim struck out falls flat

Summary

In a High Court decision on 24 November 2015, Mr Owen Traynor, a 72‑year‑old former Guinness employee, was allowed to proceed with a claim against Guinness UDV Ireland over alleged breaches of verbal assurances regarding his redundancy package and pension. Traynor, who had worked for Guinness for 35 years and accepted voluntary redundancy in 2002, contended that a letter received weeks later contradicted the assurances he had been given. Guinness denied the allegations and filed a full defence. The court noted that solicitors were engaged in 2003, a statement of claim was served in 2007, and a notice of trial in 2012. Guinness sought to strike the action on the grounds of delay, claiming an inexcusable and inordinate delay that breached Article 6 of the European Convention on Human Rights. Judge Max Barrett, after applying the relevant legal tests, concluded that the delay could not be characterised as inordinate or inexcusable.

Who, what, where, when and why

What: Report matter: Guinness' bid to have have long-brewing pension claim struck out falls flat. Procedural stage: hearing_or_decision

When:

• 2015-11-24 Publication

Case subjects

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Stage Hearing Or Decision

Read the original CNI report