The Court of Appeal has overturned a High Court order striking out a damages claim by Liam and Josephine Campion, Campion Concrete Products Limited and Voran House Limited against South Tipperary County Council. The High Court had dismissed the proceedings for inordinate and inexcusable delay. The appeal court found the Council had not established enough prejudice to justify ending the claim.
The proceedings began in June 2007 and have not gone to trial. The Campion parties’ amended claim concerns a July 2006 meeting about proposed changes to a development. They allege that a Council representative agreed that changes to the location and type of 52 holiday cottages could proceed under revised plans. They say the Council later served an enforcement notice requiring work to stop and cottages to be removed. The claims include alleged misfeasance in public office, breach of contract, defamation and wrongful interference with constitutional rights. These remain allegations; the appeal did not decide their merits.
The High Court struck out the claim after finding inordinate and inexcusable delay, particularly from 2018 to 2023. The Court of Appeal agreed that the delay was inordinate and inexcusable, and that the pandemic explained only part of the inactivity. But it disagreed that the evidence showed sufficient prejudice to dismiss the proceedings.
The Council relied on the passage of time and the fact that relevant former or retired employees might have less reliable memories. The appeal judgment noted that the Council had not shown that the witnesses themselves had difficulty recalling events. It also considered that the witnesses had given evidence in a 10-day District Court prosecution, which ended with the charges being dismissed, and that transcripts could help refresh their memories. The court said oral evidence and cross-examination would still matter at trial.
The appeal court therefore set aside the dismissal. It directed that the case return to the judge in charge of the High Court’s Non-Jury List for mention on 28 January 2025, with the parties expected to agree case-management dates for witness statements, expert work and legal submissions. If they could not agree, the judge could give directions to ensure the case went to trial during 2025.
The court’s provisional view was that the Campion parties should receive their costs of the High Court motion and appeal, with payment stayed until the proceedings are finally determined. Either party could make written submissions seeking a different costs order by 31 January 2025.