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High Court strikes out proceedings for want of prosecution, on the grounds of inordinate and inexcusable delay, finding that: (a) The claim was relatively straightforward in nature and the progress that had been made thus far was not satisfactory and amounted to inordinate delay; (b) the plaintiff had not explained to the court’s satisfaction a reason for the delay; and (c) the defendant’s conduct could not be categorised as culpable and therefore had not outweighed the plaintiff’s conduct when considering where the interests of justice lay.
Application by defendant seeking to dismiss claim for want of prosecution - road traffic accident in 2009 - PIAB authorisation issued in 2012 - multiple changes of solicitor by plaintiff - particulars sought - delay in furnishing particulars - further particulars sought - no defence delivered - no motion brought seeking delivery of defence - whether the delay was inordinate - whether the delay was inexcusable - whether the balance of justice lay in favour of or against the case being allowed to proceed.
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