The High Court has refused to dismiss a couple’s claim against installers and suppliers who put new windows and doors into their home 16 years ago.
Brendan and Irene Duncan, of Beaufield Park, Stillorgan, Co Dublin, claim the windows and doors were badly installed and paid €30,800 for the work which was carried out in February 2008.
They sued David Butler, of The Palms, Roebuck Road, Clonskeagh; Manolo Demery of Proby Square, Blackrock; and John Suttle of Vesey Mews, Monkstown, Dún Laoghaire. They have also sued Markus Suttle of Nordic Solutions, Drury Street, Dublin, Nordic Solutions itself, and the now dissolved Nordic Solutions and Concept Ltd.
They claim negligence and breach of contract in their proceedings.
Bellringing for 65 years: ‘It’s great exercise but now that I’m 90 I only ring the lighter ones’
Irish primary schoolchildren have been taught for generations that spring begins on February 1st, but is that true?
‘A lot of things boys seem to instinctually love, we tend to be more dismissive of or even concerned about’
Eli Hewson of Inhaler: ‘There’s so much nepotism in every facet of life’
The defendants deny the claims and also counterclaimed.
The Duncans initiated their High Court action in 2008 and, following 13 years of various exchanges between the parties, the defendants in 2021 asked the court to dismiss it over delay. The Duncans opposed the application
Ms Justice Marguerite Bolger, in a judgment published recently, refused to dismiss.
The judge said there had been inordinate delay of some 13 years from when proceedings were instituted to when the defendants applied to dismiss. At least some responsibility for the delay rested with the defendants but much of it rested with the Duncans, she said.
“The defendants’ partial blame for the delay does not excuse the plaintiffs’ greater contribution to the delay,” she said.
However, the judge said the defendants had not shown they were prejudiced by the delay. She said their assertions of prejudice were vague and verged on the speculative.
She said the proceedings would now continue and would very likely benefit from case management.
- Listen to our Inside Politics Podcast for the latest analysis and chat
- Sign up for push alerts and have the best news, analysis and comment delivered directly to your phone
- Find The Irish Times on WhatsApp and stay up to date
