According to a recent judgement, the High Court declined to discard the lawsuit filed by a couple against workers and providers responsible for fixing their home’s windows and doors 16 years back. Brendan and Irene Duncan of Beaufield Park, Stillorgan, Co Dublin claim that the installations were done improperly and they had paid €30,800 for this job, carried out in February 2008.
The individuals sued include David Butler, of The Palms, Roebuck Road, Clonskeagh, Manolo Demery of Proby Square, Blackrock, John Suttle of Vesey Mews, Monkstown, Dún Laoghaire with additional lawsuits against Markus Suttle of Nordic Solutions, Drury Street, Dublin, Nordic Solutions itself, and the currently disbanded Nordic Solutions and Concept Ltd. The Duncans allege in their proceedings a breach of contract and negligence.
Those accused deny these allegations and have issued a counterclaim. Since 2008, a series of interactions has been ongoing between the parties involved in the lawsuit, and in 2021, the defendants requested the court to dismiss the case citing delays. This request was opposed by the Duncans.
Ms Justice Marguerite Bolger has recently delivered a verdict choosing not to discard the case. The judge acknowledged the exceptional delay of about 13 years from when the lawsuit was filed to when the defendants asked for a dismissal. She stated that the delay was partly due to the defendants but significantly due to the Duncans.
“The defendants’ minor role in the delay does not absolve the plaintiffs’ more substantial role in the delay,” she said.
Nonetheless, the judge stated that the defendants had not demonstrated that they were disadvantaged due to the delay. She said their complaints of unfairness were nebulous and bordered on conjecture.
The judge announced that the lawsuit would resume and may improve with case management.