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2.������ This is an application by the defendant for an order, pursuant to the inherent jurisdiction of the Court, declaring that in the interest of justice the proceedings against the defendant be dismissed in their entirety or permanently stayed.� The application was heard remotely on 23 February 2021.
5.������ Niall Clerkin (solicitor) moved the application on behalf of the defendant.� In summary, his arguments in support of the application were as follows: -
a)������ While it was accepted that the jurisdiction invoked by the defendant was very rarely exercised, two exceptional circumstances existed in this case.
b)����� Firstly, the medical evidence demonstrated that the defendant would not be able to participate in the trial in any meaningful way.
c)������ Secondly, the enormous breadth and scope of the claim was a particularly weighty factor, having regard to the highly unusual (if not unique) features of the litigation, as referred to in the judgment of Costello J. referred to above.
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