The High Court has refused an application by On The Beach Limited to dismiss Ryanair Limited’s claim over alleged use of Ryanair’s website, despite finding that Ryanair had left the case inactive for more than three years without an adequate excuse.
In a judgment delivered on 23 June 2022, Ms Justice Stack found that Ryanair’s delay from December 2017 until June 2021 was inordinate and inexcusable, apart from roughly three months at the start of the Covid-19 pandemic. She said Ryanair appeared to have “parked” the case while pursuing claims against other online travel agencies.
The application was made to dismiss the proceedings for want of prosecution. Applying the principles in *Primor plc v Stokes Kennedy Crowley*, the judge considered whether the delay was inordinate, whether it was excusable and, if not, whether the balance of justice favoured dismissal.
Ryanair’s case concerns its allegation that online travel agencies, including On The Beach, breached its website terms and intellectual property rights by booking flights through its website. Those allegations remain to be determined. On The Beach has not yet delivered a defence in the proceedings.
The case began in September 2010. On The Beach challenged the Irish courts’ jurisdiction, and that challenge was ultimately unsuccessful in the Supreme Court in February 2015. The judge did not attribute that period to Ryanair. She found both parties responsible for delay between 2015 and December 2017: On The Beach pursued only some of its requests for particulars and did not explain its refusal to consent to an amendment, while Ryanair responded late and did not apply to amend its claim when consent was refused.
Ryanair argued that another case against an online travel agency might resolve or affect common legal issues. The judge said that did not justify leaving this claim dormant. She considered the case should have been progressed or brought into a case-management process.
On The Beach cited alleged harm to its reputation, difficulty raising investment, collateral advantage to Ryanair in a separate refund dispute, and problems defending the case as witnesses’ memories faded. The judge found these arguments did not establish enough prejudice to justify dismissal. She noted that the case concerned ongoing business practices and would rely substantially on documentary and technical evidence. On The Beach had not shown what evidence former finance chief Wendy Parry could provide that other witnesses could not, or that she would be unavailable.
The judge concluded that it remained safe to try the case and that the balance of justice favoured its continuation. She refused On The Beach’s dismissal application. The judgment did not decide the underlying allegations, and the parties were given liberty to reapply for case management after the application was determined.