The Court of Appeal has allowed DiAmrem Limited’s appeal against the dismissal of its claim against Clare County Council, ruling that the company’s delay in advancing the case was excusable. The underlying allegations have not been decided.
The dispute concerns parking at the Cliffs of Moher visitor centre. DiAmrem claims the continued use of a large eastern car park, instead of a smaller western car park specified in the 2002 planning permission, made its Park and Ride business uneconomic and breached that permission. The Council disputes that account, saying Park and Ride was not a condition of the permission and that the eastern car park’s use was authorised.
The appeal concerned the High Court’s 2021 decision to dismiss the claim for inordinate and inexcusable delay. The relevant period was just under 22 months, from the Council’s appearance in July 2017 until it applied to dismiss the case in May 2019. DiAmrem had not delivered a statement of claim. The Court of Appeal agreed that the delay was inordinate, but concluded it was excusable when the reasons were considered together.
The court said related proceedings under section 160 of the Planning and Development Act and four freedom of information requests were relevant. The section 160 case concerned whether the eastern car park’s use was unauthorised; it was ultimately dismissed on a limitation ground, without resolving that substantive issue. The Court of Appeal found it reasonable for DiAmrem to await the related case’s outcome and noted that the Council understood this was what the company was doing. It also found the Council’s repeated refusals of relevant information, despite review decisions directing disclosure, contributed to the delay.
The court said the change of solicitors and updated legal advice accounted for little of the delay. It did not decide whether the current claims are barred by the earlier proceedings or by issue estoppel; those questions remain for the High Court if raised. It also did not determine when the alleged cause of action arose, an issue the parties dispute.
The Court of Appeal ordered that the claim not be struck out and directed DiAmrem to serve its statement of claim promptly, and within three weeks of the judgment. It said the Council may apply to dismiss the case if there is further material delay. The court also proposed that DiAmrem receive the appeal costs, including High Court costs, and that the other High Court costs orders be set aside. Either party could seek a short hearing on costs within 14 days.