High Court refuses an application to strike out personal injuries proceedings brought by a Chinese national who suffered a catastrophic brain injury, on the grounds of inordinate and inexcusable delay, finding that although a delay of thirteen years was inordinate, the balance of justice requires that the plaintiff's case should be allowed to proceed.
Personal injuries - motion brought by the defendants to dismiss the plaintiff’s claim for want of prosecution - plaintiff’s claim arises out of a road traffic accident that occurred in October, 2004 - plaintiff suffered a catastrophic acquired brain injury which has sadly has rendered her seriously disabled and incapable of giving instructions to her solicitors - number of eye witnesses to the accident gave statements to the Gardaí including the second defendant a week post accident - timeline of events - correspondence between parties - attempts by first defendant to locate second defendant - mistake in taking name of second defendant at time of accident - defendants made one attempt on one date over 12.5 years after the accident to track down second defendant - second defendant gave an occupation to be musician - second defendant had no social media presence - plaintiff is a Chinese national and her parents have limited instructions - delay of 13 years that has occurred in this case is both inordinate and inexcusable - not a case where there is going to be a very serious conflict of fact between witnesses on both sides - balance of justice requires that the plaintiff's case should be allowed to proceed.