THE HIGH COURT
2006 No. 3785P
Between
DIGITAL RIGHTS IRELAND LIMITED
Plaintiff
And
THE MINISTER FOR COMMUNICATIONS, MARINE AND NATURAL RESOURCES, THE MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM, THE COMMISSIONER FOR THE GARDA SIOCHANA, IRELAND AND THE ATTORNEY GENERAL
Defendants
Four weeks ago, at the request of the Defendants, the Plaintiff agreed to strike out a Motion for judgement for default in serving a Defence and to an Order extending the time for so doing by 4 weeks. The costs of the Motion, by agreement, will be paid by the Defendants.
The Defence is still outstanding and the following letter has now issued to the Defendants.
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Our Ref: DRI/0001/2 Your Ref; 06/HMG 20th March 2007
Chief State Solicitor
Osmond House
Little Ship Street
Dublin 8
Fax 4176299
Re: The High Court – 2006 No. 3785P Digital Rights Ireland Limited v The Minister for Communications, Marine and Natural Resources & Ors.
Dear Sir,
We refer to the above in which we act for the Plaintiff.
We refer to the phone call from your office last week in which you indicated that the Defendants would, yet again, default in the delivery of their defence.
We note that you attribute the responsibility for this to the counsel for the Defendants.
From our experience we would feel that this is unfair to said counsel and we hold the Defendants responsible.
The courts (Lynch J.) have remonstrated on previous occasions with defendants who, like your clients, unnecessarily consume time and costs in procrastination in the delivery of pleadings. In this case it is particularly serious, given the ongoing invasions of privacy and the rights of Civil Society being perpetrated by the Defendants.
Under the Rules of the Superior Courts we have no option but to extend the time again for the Defendants before we bring a further Motion for Judgement in default of pleading.
We will not accede to any further waste of time.
We hereby consent to late service of the Defence within a period of twenty one days from the date hereof.
Please note, in default of receiving the Defence within the time limited we have instructions to apply to the court for judgment in default without further notice to you.
Please further note that this letter will be produced to the court for the purpose of fixing the Defendant with the costs of any such application.
Yours faithfully,
___________________
McGarr Solicitors