A recent case of O’Shaughnessy vs the HSE highlighted the huge risk in a Plaintiff (i.e. the person bringing a case) not progressing their case in an efficient manner.
This was a claim in relation to surgery carried out in 2014 where the Plaintiff claimed that he had not been given proper informed consent. The summons did not issue until November 2018. The last document filed by the Plaintiff’s solicitor was in September 2021. The HSE brought an application to have the case dismissed in February 2026.
The Plaintiff’s solicitors sought to rely on a warning letter seeking the defendant’s defence but no motion i.e. court application was brought on foot of this warning letter.
The question which the Court was asked was whether a warning letter amounted to a “proceeding”. The court held in the negative i.e. it held that the last Court filing was September 2021, and, on this ground, it dismissed the case as it fell within the principles of the Kirwin V Connors i.e. if there has been no action i.e. no documents filed in Court for 4 years then the dismissal of the case is the presumed outcome.
The takeaway from this case is that Plaintiffs must ensure that their solicitor is progressing the case efficiently and in a proactive manner.
If you have any further queries in relation to any litigation matter please do not hesitate to contact Brendan Dillon on 01-2960666
