Mannix v Pluck

• Jurisdiction: Ireland
• Judgment Date: 01 January 1975
• Docket Number: [1967. No. 1428 P.]
• Date: 01 January 1975
• Court: Supreme Court

(S.C.)

Mannix

and

Pluck

Delay in prosecuting civil action for damages - Suggestion that delay a reflection of plaintiff's lack of belief in merits of his claim - Suggestion incorporated in judge's charge to jury - Whether trial unsatisfactory.

In June, 1967, the plaintiff brought an action in the High Court in which he claimed damages for injuries suffered by him as a result of a collision in 1965 between his motor cycle and the defendant's motor lorry. Each party alleged that the other had been negligent and had caused the collision. In April, 1970, the plaintiff served notice of the trial of the action. During the trial the plaintiff was cross-examined about the reasons for the delay in bringing the action to trial; the plaintiff did not give an explanation for the delay and it was then suggested to him that he never had a belief in the merits of his claim. In the course of his charge to the jury the trial judge said: —"However counsel for the defence submitted to you that the only conclusion that should be drawn from this delay was that the plaintiff and perhaps his solicitor did not think very much of his chances. That is the submission that is made to you. You consider it and give it whatever...