High Court refuses to strike out a personal injury claim against a public transport provider, despite the defendant's application citing inordinate and inexcusable delay and potential witness difficulties. The plaintiff, a former bus driver, alleges incidents of personal injury and harassment between 2005 and 2008. The court acknowledged the delays were unsatisfactory but found both parties responsible, with the defendant contributing to the delay by failing to comply with procedural obligations and not preparing for trial in a timely manner. The court determined that a fair trial was still possible and that the defendant had not demonstrated sufficient prejudice to warrant dismissal of the case.
personal injury, harassment, bullying, racial discrimination, public transport provider, delay, witness availability, High Court, balance of justice, Primor test, fair trial, procedural obligations, discovery, inspection, mediation, Equality Tribunal, Employment Equality Act 1998, Henderson v. Henderson abuse of process, inordinate delay, inexcusable delay, prejudice, memory of witnesses, defendant's conduct, evidence on commission, costs order.