Courts

Court refuses to dismiss couple’s claim over installation of windows 16 years ago

Brendan and Irene Duncan claim they paid €30,800 for doors and windows which were badly installed

The Duncans initiated their High Court action in 2008. Photograph: Bryan O'Brien

Thu Mar 14 2024 - 18:38

The High Court has refused to dismiss a couple’s claim against installers and suppliers who put new windows and doors into their home 16 years ago.

Brendan and Irene Duncan, of Beaufield Park, Stillorgan, Co Dublin, claim the windows and doors were badly installed and paid €30,800 for the work which was carried out in February 2008.

They sued David Butler, of The Palms, Roebuck Road, Clonskeagh; Manolo Demery of Proby Square, Blackrock; and John Suttle of Vesey Mews, Monkstown, Dún Laoghaire. They have also sued Markus Suttle of Nordic Solutions, Drury Street, Dublin, Nordic Solutions itself, and the now dissolved Nordic Solutions and Concept Ltd.

They claim negligence and breach of contract in their proceedings.

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The defendants deny the claims and also counterclaimed.

The Duncans initiated their High Court action in 2008 and, following 13 years of various exchanges between the parties, the defendants in 2021 asked the court to dismiss it over delay. The Duncans opposed the application

Ms Justice Marguerite Bolger, in a judgment published recently, refused to dismiss.

The judge said there had been inordinate delay of some 13 years from when proceedings were instituted to when the defendants applied to dismiss. At least some responsibility for the delay rested with the defendants but much of it rested with the Duncans, she said.

“The defendants’ partial blame for the delay does not excuse the plaintiffs’ greater contribution to the delay,” she said.

However, the judge said the defendants had not shown they were prejudiced by the delay. She said their assertions of prejudice were vague and verged on the speculative.

She said the proceedings would now continue and would very likely benefit from case management.

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