| Tweedswood Limited (in Receivership) & Tom Kavanagh (Receiver) v Power [2025] IESC 18 |
Reaffirmed jurisdiction to discharge interlocutory orders where a plaintiff has failed to progress the action; applied existing principles (a "use it or lose it" approach to interlocutory relief). |
The judge held Tweedswood did not change the law and would not have led him to lift the injunction; it was an application of established principles consistent with the Original Judgment. |
| Kirwan v Connors & Ors [2025] IESC 21 |
Restated the test for dismissal for want of prosecution/inherent jurisdiction: increased emphasis on lengthy delay and reduced emphasis on the need to show specific prejudice; prolonged enjoyment of a litigation benefit can weigh in favour of dismissal. |
The judge acknowledged Kirwan would have been more favourable to the Defendant but concluded he could not revisit his final earlier decision on that basis; Kirwan did not justify reopening the judgment absent exceptional circumstances. |
| Primor v Stokes Kennedy Crowley [1996] 2 IR 459 |
Established test (the "Primor" test) for dismissing for want of prosecution: identify inordinate delay, whether inexcusable, assess prejudice and balance of justice. |
The judge had applied the Primor test at the Hearing and formed provisional views under it; those views informed the Original Judgment subject to normal appellate rights. |
| Merck Sharpe & Dohme v Clonmel Healthcare Limited [2020] 2 IR 1 |
Shows that the court may vary or withdraw interlocutory orders where plaintiffs fail to diligently and expeditiously progress their claim. |
Cited in the Original Judgment and relied upon to explain that discharge of interlocutory relief is an available remedy for prolonged default. |
| Irish Commercial Society Ltd v Plunkett [1986] ILRM 624 |
Authority supporting the court's capacity to vary interlocutory orders in light of subsequent factual developments; distinguishes interlocutory from final orders. |
Relied on by the Defendant to argue the judge could vary his earlier order; the judge considered the analogy but treated his earlier ruling as final. |
| Purcell v Trigell Ltd [1971] I Q.B. 358 |
Lord Denning's observation that the court always has control over interlocutory orders and may in its discretion vary or alter them. |
Cited as supporting authority for variation of interlocutory orders; formed part of the discussion but did not permit reopening of the finalized judgment here. |
| Ainsworth v Wilding 1896 1 Ch. 673 |
Early authority on the distinction between interlocutory and final orders. |
Referenced in the discussion of finality and interlocutory jurisdiction (via Plunkett). |
| Minister for Agriculture, Food and Forestry v. Alte Leipzeiger Versicherung A.G [2000] 4 IR 32 |
Discussion of interlocutory versus final distinction; an order striking out for want of jurisdiction was held final for appeal purposes. |
Used to illustrate when an order is final and the limited circumstances in which it may be revisited. |
| Dale v British Coal Corporation [1992] 1 WLR 965 |
Where an issue is finally determined for the purposes of the action, its determination counts as a final judgment or order. |
Cited to support the proposition that a judge's final determination on an issue is final and not ordinarily revisitable by the trial judge. |
| DPP v McKevitt [2009] IESC 29 |
Describes the extremely high threshold to vary a final order: must show denial of justice or breach of constitutional rights. |
Referred to when discussing the rare and exceptional circumstances required to revisit a final judgment. |
| G. v Judge of the District Court [2021] IEHC 386 |
States that ordinarily an aggrieved party should appeal rather than ask the original court to review its own judgment; limited circumstances for review by first instance court. |
Adopted as persuasive guidance that first instance courts should not reopen final judgments except in limited circumstances. |
| Attorney General (SPUC (Ireland) Ltd) v Open Door Counselling Limited [1994] 2 IR 333 |
Majority held the Court could not vary its final order by virtue of a subsequent change in law (controversial; minority and later authority qualified this). |
Discussed as a similar authority illustrating the general rule against reopening final orders; Judge Kennedy noted its contested legacy. |
| Greendale Developments Ltd (No 3) [2000] 2 IR 514 |
Recognised an exceptional jurisdiction/duty to protect constitutional rights even when dealing with final orders, while emphasising rarity. |
Cited to show the narrow exception where final orders may be revisited to protect fundamental rights; judge found no such exceptional circumstances here. |
| Bula v Tara Mines Ltd [2000] 4 IR 412 |
Discusses exceptional jurisdiction invoked to protect constitutional rights or natural justice. |
Used to illustrate the high threshold for revisiting final judgments. |
| O'Dwyer v Daughters of Charity of St Vincent de Paul & Ors [2015] IECA 226 |
Example of an order (dismissing proceedings as statute-barred) being treated as a final order. |
Referenced in the discussion of what constitutes a final order. |
| Riordan v Taoiseach & Ors [2000] IESC 61 |
Authority commenting on the rationale for finality of orders and the limited exceptions. |
Relied upon in the analysis of finality and exceptions permitting reopening. |