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Action concerning alleged assault in 2011 could continue despite delay
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Court of Appeal dismisses appeal from High Court, and affirms refusal to strike out for delay an action for personal injuries arising from an alleged assault in 2011, on the grounds that the motion judge had been entitled on the evidence to find that the defendant had failed to point to any specific prejudice arising from the delay, and that the balance of justice favoured allowing the action to continue.
Faherty J (nem diss): Application to strike out claim for want of prosecution - delay - refusal to strike out - appeal - alleged assault in 2011 - summons issued in 2014, following PIAB process - service of summons in 2015 - failure of solicitors to contact plaintiff - statement of claim delivered in 2017 following first motion to dismiss action - no affidavit of verification - failure to file defence - balance of justice.
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