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Goode Concrete v Cement Roadstone Holdings PLC and Ors (Approved)
Factual and Procedural Background
These proceedings were instituted by plenary summons on 19 October 2010 concerning events alleged to have occurred between 2007 and 2011. The Plaintiff sued three defendants (hereafter “Company A”, “Company B” and “Company C”). By motions dated 11 November 2022 (Company A and Company B) and 2 May 2025 (Company C), the defendants sought orders under the court's inherent jurisdiction striking out the proceedings for abuse of process and/or want of prosecution, principally because the Plaintiff had failed to discharge a series of adjudicated costs orders made in favour of the defendants.
By consent order of 14 December 2023 the High Court stayed the proceedings pending payment of the costs then due. Almost two years later the Plaintiff had paid only €5,000 to Company A and €5,000 to Company C. Judge Barrett delivered judgment on 13 January 2026, striking out the proceedings.
Legal Issues Presented
- Whether the High Court should, under its inherent jurisdiction and relevant Rules of the Superior Courts, strike out the proceedings for abuse of process and/or want of prosecution due to the Plaintiff's continuing failure to pay adjudicated costs.
- Whether EU law (Art. 47 CFEU) or the constitutional right of access to the courts limits or prevents strike-out in these circumstances.
- Whether a less severe alternative (notably an "unless" order) should be imposed instead of striking out.
Arguments of the Parties
Plaintiff's Arguments
- EU law (Art. 47 CFEU) requires that procedural steps impeding access to justice respect effectiveness and equivalence, and the court should exercise restraint before striking out, considering less onerous measures (e.g. an "unless" order).
- Striking out would infringe the constitutional right of access to the courts, particularly important in competition cases; dismissal would be disproportionate.
- The Plaintiff asserted a realistic prospect of raising funds to pay costs (sale or remediation of "The Site") and urged that doubts be resolved in its favour at interlocutory stage.
- Past procedural difficulties were said to be inadvertent or misunderstandings and not cumulatively abusive to the level warranting strike-out.
- Delay should not be deemed inordinate because portions were occupied by agreed stays, procedural disputes and funding efforts.
Defendants' Arguments
- The court should invoke its inherent jurisdiction to strike out for abuse of process and/or failure to prosecute because the Plaintiff repeatedly refused to pay adjudicated costs and conducted the litigation vexatiously.
- The Plaintiff has had reasonable time and opportunities to pay but has provided no credible or verified plan to discharge the costs; partial, token payments were insufficient.
- The history of procedural misconduct, prejudice to witnesses and delay justify strike-out rather than further indulgence.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| Morton v. Palmer (1882) 9 QBD 89 | Authority referenced concerning the courts' inherent jurisdiction to stay proceedings for non-payment of adjudicated costs. | Referenced among authorities supporting inherent jurisdiction to stay/strike out for non-payment. |
| Re Wickham Marony v. Taylor (1887) 35 Ch D 272 | Listed among historical authorities on procedural control and inherent jurisdiction. | Included in the corpus of cases from which general principles were drawn. |
| Macauley v. Minister for Posts and Telegraphs [1966] IR 345 | Referenced in list of authorities on procedural jurisdiction. | Used as part of the authorities informing the court's general principles. |
| Barry v. Buckley [1981] IR 306 | Referenced in list of authorities on procedural jurisdiction. | Included among cases informing the court's summary of principles. |
| McCabe v. Harding [1984] ILRM 105 | Referenced in list of authorities on procedural jurisdiction. | Included among cited authorities. |
| Ennis v. Butterly [1996] 1 IR 426 | Referenced among authorities. | Included in the authorities reviewed. |
| Re Lang Michener and Fabián (1987) 37 D.L.R. 685 | Referenced among authorities on procedural matters. | Included in the authorities considered. |
| Primor v. Stokes Kennedy Crowley [1996] 2 IR 459 | Referenced among authorities. | Included among cases informing the court's principles. |
| O'Keefe v. Kilcullen [1998] 6 JIC 2403 | Referenced among authorities on procedural control. | Included in the list of authorities. |
| [1998] IEHC 101 | Referenced as cited authority in the judgment. | Included among cases relied upon generally. |
| Lough Neagh Exploration Ltd v. Morrice (No. 2) [1999] 4 IR 515 | Cited for principles on exercising the jurisdiction to stay/strike out sparingly and for enforcement of orders. | Used to support that the jurisdiction is discretionary, sparing, and aimed at enforcing compliance. |
| [1998] IESC 40 | Referenced among authorities. | Included in the authorities surveyed. |
| Riordan v. Ireland (No. 5) [2001] 4 IR 463 | Referenced among authorities on delay and procedural control. | Included in the list of authorities. |
| Vesey v. Bus Eireann [2001] 4 IR 192 | Referenced among authorities on procedural control. | Included among cited cases. |
| Oury v. Reed [2002] EWHC 369 (Ch) | Referenced among authorities. | Included in the list of authorities. |
| McGrory v. ESB [2003] 3 IR 407 | Referenced among authorities on procedural matters. | Included among cases considered. |
| O'Connor v. Bus Atha Cliath [2003] 4 IR 459 | Referenced among authorities. | Included in the authorities relied on. |
| Superwood Holdings Ltd v. Sun Alliance and London Insurance plc [2004] 2 IR 407 | Cited for evidential standard required where party asserts a realistic prospect of funding to meet costs/security. | Applied to conclude the Plaintiff's evidence fell short of the Superwood standard. |
| Gao v. Zhang (2005) 14 VR 380 | Referenced among authorities. | Included in the authorities surveyed. |
| P.J. Carroll & Company Ltd v. Minister for Health and Children [2005] 3 IR 457 | Referenced among authorities. | Included among cited cases. |
| [2005] IEHC 267 | Referenced as authority cited in the judgment. | Included among cases relied upon generally. |
| McCourt v. Tiernan [2005] 7 JIC 2905 | Referenced among authorities. | Included in the authorities surveyed. |
| [2005] IEHC 268 | Referenced among authorities. | Included among cited cases. |
| Kenny v. Trinity College [2008] 4 JIC 1006 | Referenced among authorities on procedural control. | Included among cases informing principles. |
| [2008] IESC 18 | Referenced among authorities. | Included in the authorities considered. |
| Grant v. Roche Products [2008] 4 IR 679 | Referenced among authorities. | Included in the list of authorities. |
| [2008] IESC 35 | Referenced among authorities. | Included among cited cases. |
| Welsh v. Digilin Py Ltd [2008] FCAFC 149 | Referenced among authorities. | Included in the authorities surveyed. |
| Kalix Fund Ltd v. HSBC International Trust Services (Ireland) Ltd [2010] 2 IR 581 | Referenced for alignment between power to stay/strike out and interlocutory costs rules. | Used to support that staying/striking out for non-payment aligns with O.63B, r.36 RSC rationale. |
| [2009] IEHC 457 | Referenced among authorities. | Included among cited cases. |
| Re Vantive Holdings [2010] 2 IR 118 | Referenced among authorities on procedural control. | Included in the authorities relied upon. |
| [2009] IESC 69 | Referenced among authorities. | Included in the list of cases cited. |
| Moorview Developments Ltd v. First Active plc [2011] 3 IR 615 | Cited for consistency with jurisdiction to stay proceedings where earlier costs remain unpaid. | Referenced to support that stay/strike out for unpaid earlier costs is consistent practice. |
| [2011] IEHC 117 | Referenced among authorities. | Included among cases cited. |
| Treasury Holdings v. NAMA [2012] IR 297 | Referenced among authorities on procedural matters. | Included in the authorities surveyed. |
| [2012] 7 JIC 3102 | Referenced among authorities. | Included among cited cases. |
| Farrell v. Bank of Ireland [2013] 2 ILRM 183 | Cited for the proposition that failure to provide security can support dismissal and for delay/prejudice considerations. | Used to show failure to provide security/costs can be factor supporting dismissal for abuse or want of prosecution. |
| [2012] IESC 42 | Referenced among authorities. | Included in the authorities relied upon. |
| Keohane v. Hynes [2014] 11 JIC 2001 | Referenced among authorities on procedural control. | Included among cited cases. |
| [2014] IESC 66 | Referenced among authorities. | Included in the list of authorities. |
| WL Construction Ltd v. Chake [2016] 10 JIC 0306 | Referenced among authorities on procedural control. | Included among cited cases. |
| [2016] IEHC 539 | Referenced among authorities. | Included in the authorities surveyed. |
| Power v. Tesco Ireland [2016] 7 JIC 1103 | Referenced among authorities on procedural control. | Included among cited cases. |
| [2016] IEHC 390 | Referenced among authorities. | Included in the authorities relied upon. |
| Leneghan International Transport Limited v. Lombard Ireland Limited & Ors [2017] 5 JIC 1208 | Cited for the court's power to strike out where ordered security for costs has not been provided (O.26, r.4 RSC). | Referenced to show security-for-costs failure can warrant dismissal. |
| [2017] IEHC 298 | Referenced among authorities. | Included in the authorities surveyed. |
| Miranda v. Rosas Construtores SA [2019] 7 JIC 2907 | Referenced as authority on abuse of process/inherent jurisdiction. | Included to support inherent jurisdiction to stay or strike out for abuse. |
| [2019] IECA 237 | Referenced among authorities. | Included among cited cases. |
| ER Travel Limited v. Dublin Airport Authority [2020] 2 JIC 1804 | Cited for the court's use of "unless" orders as an alternative to strike-out. | Referenced to explain that the court may impose an "unless" order when declining to strike out. |
| [2020] IEHC 62 | Referenced among authorities. | Included among cited cases. |
| Miranda v. Rosas Construtores SA [2020] 4 JIC 0907 | Referenced among authorities on abuse of process. | Included in the authorities surveyed. |
| [2020] IESCDET 51 | Referenced among authorities. | Included among cited cases. |
| Ennis v. AIB [2021] 3 IR 733 | Referenced among authorities. | Included in the list of cases considered. |
| [2021] IESC 12 | Referenced among authorities. | Included among cited cases. |
| Glann Mor Ceibh Teoranta v. Minister for Housing [2024] 1 IR 1 | Referenced among authorities on procedural administration of justice. | Included in the authorities surveyed. |
| [2022] IESC 40 | Referenced among authorities. | Included among cited cases. |
| Kirwan v. MJ O'Connor Solicitors [2025] 5 JIC 3008 | Recent Supreme Court authority setting out principles on dismissal for want of prosecution, including the two-year rule and burden shift to the plaintiff. | Applied centrally: the Court relied on Kirwan to assess inordinate delay, burden shifting, prejudice and the limits of access-to-courts arguments. |
| [2025] IESC 21 | Referenced as the formal citation of Kirwan. | Applied as key Supreme Court authority guiding the judgment. |
Court's Reasoning and Analysis
Judge Barrett accepted that the court possesses an inherent jurisdiction and statutory powers (including s.27(5) Judicature Act 1877 and O.63B, r.5 RSC) to stay or strike out proceedings for abuse of process or non-payment of adjudicated costs. He distilled general principles from the authorities and treated the recent Supreme Court decision in Kirwan ([2025] IESC 21) as determinative on delay and want of prosecution: where delay exceeds two years the burden shifts to the plaintiff to justify continuation, and prolonged delay with prejudice jeopardises the administration of justice.
Applying those principles to the facts, the Judge found: (i) the Plaintiff had repeatedly failed to comply with multiple costs orders despite a consent stay requiring payment; (ii) only token payments had been made; (iii) the Plaintiff produced no credible, verified evidence or realistic plan to raise the necessary funds (the asserted sale/remediation of "The Site" was speculative, ownership was unclear, the alleged owning company appeared insolvent, charges and regulatory approvals were unresolved, and no shareholder had committed proceeds to litigation costs); (iv) the Plaintiff had engaged in vexatious and oppressive conduct at times (notably oppressive interrogatories, repeated discovery failures, misleading/incomplete material, long inactivity and unfulfilled promises); and (v) the defendants had shown concrete prejudice (witness deaths, retirements, fading memories).
The Judge considered and rejected the Plaintiff's EU-law and constitutional-access arguments, holding that Art.47 CFEU and the right of access do not entitle a litigant to disregard domestic costs orders or to continue litigation indefinitely. He concluded an "unless" order would be futile given the Plaintiff's history and lack of credible evidence of ability or intention to pay.
Holding and Implications
HOLDING: The Court ordered that the proceedings be struck out.
Implications: The direct effect is that the Plaintiff's claim is dismissed and the proceedings are ended; the Court will hear the parties as to the costs of the strike-out applications. The judgment applies existing principles (notably Kirwan) to the facts and does not purport to establish a new general legal principle beyond applying established authorities and appellate guidance.
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