Boliden Tara Mines Limited has been allowed further time to serve a statement of claim in its damages case against Irish Pensions Trust Limited, after the High Court heard an appeal concerning a delay of more than five years.
The proceedings concern allegations that the defendant, then sole trustee of the company’s employee pension scheme, negligently or in breach of contract or duty failed to draft a 1999 deed of amendment in line with Boliden Tara Mines’ instructions and intentions. The company claims €2.3 million in special damages, including costs of related rectification proceedings and payments to employees. Those are claims, not findings in this judgment.
The case was issued in January 2006 and served in January 2007 as a protective measure while separate rectification proceedings were pursued. The Supreme Court ordered rectification in December 2010. Boliden Tara Mines did not serve a notice of intention to proceed until November 2012. The defendant’s solicitors then agreed to a short extension for serving the statement of claim, with a deadline of 4 January 2013. The statement was delivered in April 2013, after that deadline, and the defendant refused a further extension.
The Master of the High Court had refused an extension and dismissed the claim in February 2014. Justice Baker, hearing the company’s appeal, applied the principles used in applications to dismiss proceedings for want of prosecution. She found the overall delay was inordinate and that the delay after the conclusion of the Supreme Court proceedings was inexcusable. She also found no evidence sufficient to conclude that the defendant could not receive a fair trial. Although some former employees of the defendant had retired, no witness was identified as unavailable, and relevant records and documentation remained available.
The judge gave particular weight to the defendant’s December 2012 letter agreeing to a limited extension. She considered that the letter indicated there was no actual prejudice at that time and showed a focus on progressing the case. The defendant had threatened a strike-out application but did not bring one.
Justice Baker directed that Boliden Tara Mines be given a further short period to serve its statement of claim. She said the defendant could apply for case management aimed at bringing the proceedings to a conclusion, and that she would hear counsel on such an application. The judgment does not set out the length of the further period or determine the underlying damages claim.
The defendant had also argued that the claim was statute barred. The judge declined to decide that question without full argument, giving the defendant liberty to bring a motion for a preliminary trial of the issue.