Delay in proceedings brought by solicitor for payment in previous proceedings is excusable

Application to strike out for delay - solicitor who was engaged by the defendants to act for them in High Court proceedings arising from defects in the construction of their home – case settled – settled all in €317,000 - defendants agreed to pay €53,000 towards the costs of one of the other parties - did not make any payment to the plaintiff in respect of his costs or the expenses he had incurred on outlay, counsel and engaging expert witnesses – refused to pay bill of costs – taxation - periods of delay – whether the plaintiff is guilty of inordinate and unreasonable delay such as gives rise to a substantial risk of an unfair trial and/or serious prejudice to them - delay of eight years is inordinate – delay since 2017 excusable - excusable as they were due to circumstances outside of the plaintiff’s control - balance of justice test favours a finding in favour of the plaintiff having regard to the level of prejudice that the plaintiff will suffer if the proceedings are dismissed and he is not permitted to assert his claim against the defendants - more significant prejudice would befall the plaintiff if the proceedings were to be struck out at this stage, than will fall to the defendants if the proceedings are permitted to continue, subject to all reasonable steps being taken by the plaintiff at this stage to expedite the litigation as much as is possible – application refused –