Application to dismiss mortgage proceedings for delay refused as court finds no abuse of process or prejudice

The High Court refused an application by borrowers to dismiss mortgage proceedings brought by a bank due to alleged inordinate and inexcusable delay and want of prosecution. The borrowers argued that there had been excessive delay from both the default on their loan and after initiation of the proceedings, and claimed a prior oral agreement with a bank official released them from liability. The court rejected these claims, finding that the borrowers failed to disclose key correspondence acknowledging ongoing liability, and holding that the overall delay did not amount to an abuse of process or cause real prejudice. While the court acknowledged some periods of delay—especially during the COVID-19 pandemic and solicitor changes—it concluded there had not been a continuous period of two years' total inactivity and that the requirements for dismissal were not met. The application was therefore refused, but the court indicated its intention to make strict case management orders to prevent further delay.