The High Court dismissed the plaintiff's proceedings for want of prosecution due to long and inexcusable delay, spanning well over a decade since the proceedings issued. The case concerned alleged breach of contract dating back to events beginning in 2005, with the primary alleged breach occurring in 2010. The plaintiff had initiated proceedings in 2013 but failed to advance the litigation for extensive periods, including a six-year gap with no substantive activity. Although the plaintiff attributed his inactivity to a combination of financial, physical, and mental health difficulties, the court found these explanations unpersuasive, particularly as the plaintiff remained actively involved in other legal matters during much of the relevant period. The court concluded that no exceptional circumstances excused the delay, and that allowing the proceedings to continue would likely prejudice the defendants due to the long passage of time and fading evidentiary quality. Accordingly, the application to strike out the proceedings was granted.
breach of contract – want of prosecution – inordinate delay – inexcusable delay – striking out proceedings – litigation delay – plaintiff"s personal circumstances – financial difficulties – mental health – physical health – Rules of the Superior Courts (RSC) O.122 r.11 – exceptional circumstances – evidentiary prejudice – plenary proceedings – application to dismiss