The High Court has dismissed proceedings brought by Diamrem Limited against Clare County Council over the council’s continued use of a car park beside the Cliffs of Moher Visitor Centre, ruling that Diamrem’s delay in progressing the case was inordinate and inexcusable.
Mr Justice Twomey delivered the judgment on 16 June 2021. The court calculated the relevant delay as one year, nine months and 28 days, from the council’s entry of an appearance on 17 July 2017 to its motion to dismiss on 15 May 2019. Diamrem had not delivered a statement of claim within the 21 days allowed by the Rules of the Superior Courts, despite telling the council in July 2017 that it would be delivered “in the short term”.
The case concerned the Eastern Car Park, east of the R478. Diamrem alleged that it was intended to be temporary during construction of the visitor centre and that the council’s continued use of it prevented Diamrem from implementing park-and-ride facilities. The company sought damages for alleged misfeasance of public office, declarations concerning the car park’s use and its constitutional rights, and an order prohibiting the council from continuing to use the car park. A proposed amended summons also sought damages for breach of legitimate expectations.
The council argued that changes made through planning processes entitled it to continue using the Eastern Car Park, and sought dismissal for delay and for failure to deliver a statement of claim within the permitted time. Diamrem relied on freedom-of-information requests, work on separate planning proceedings, a change of legal team and advice about amending its pleadings. The judge rejected those explanations, finding they did not excuse the delay. He also found prejudice to the council, including the passage of time since events relied on in the proposed claim and the fact that a former council employee identified as a key witness had left the council in 2017.
A separate case under section 160 of the Planning and Development Act 2000, in which Diamrem had sought to prevent use of the same car park, had been dismissed by the High Court in November 2018. Its appeal was heard in April 2021, but judgment had not been delivered when Mr Justice Twomey gave this ruling. The judge considered the earlier decision when assessing the claimed public interest in allowing the misfeasance case to continue, while stating that he was not deciding the merits of that claim.
The High Court granted the council’s motion to dismiss. It did not determine the underlying misfeasance allegations. Diamrem’s motion to amend its summons and extend time to deliver a statement of claim therefore became moot. The judge asked the parties to try to agree outstanding matters; if necessary, the case would be listed for mention one week later.