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High Court refuses application to dismiss personal injuries proceedings, holding that: (a) the delay in prosecuting the proceedings was both inordinate and inexcusable; (b) the balance of justice favoured allowing the claim to proceed where the particulars of negligence in the personal injuries summons referred to allegations of, inter alia, lack of training and breach of a statutory duty, and there was no suggestion that the defendant, by reason of passage of time, was no longer in a position to adduce evidence in defence of these claims; and (c) no further delay could be allowed and the court would revisit the application if certain steps were not taken by the plaintiff.
Motion seeking to dismiss the plaintiff’s claim for inordinate and inexcusable delay - personal injuries proceedings - plaintiff's allegation that whilst bending in the course of his employment as a flight attendant nine years previously he suffered a back injury - claim proceeded promptly until delivery of defence in 2014 since when plaintiff had taken no further steps to prosecute his claim - plaintiff claimed delay excusable due to complications with other proceedings - whether delay inordinate and inexcusable - whether the balance of balance required the dismissal of the proceedings.
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