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High Court strikes out Plaintiffs' claim for fraudulent misrepresentation and deceit, and dishonest breach of trust as against the first and second defendant for want of prosecution, on the grounds of inordinate and inexcusable delay, finding: (a) the delay by the plaintiffs was inordinate given the events on which the plaintiffs rely took place in excess of six years prior to the issue of the plenary summons, which gave rise to an onus on the plaintiffs to prosecute the proceedings promptly and expeditiously; (b) a delay of approximately 17 months in responding to request for particulars was in itself inordinate in circumstances where there was an onus on the plaintiffs to expedite the proceedings; (c) the delays of the plaintiffs as against the first and second named defendants were not justified by events in the proceedings involving the other defendants; and (d) the balance of justice fell in favour of dismissing the claim as the defendants demonstrated that they were prejudiced by the delay in the institution and prosecution of the proceedings and by virtue of having allegations of professional negligence and fraud being made against them.
Application to strike out the plaintiff's claim for want of prosecution - inordinate and inexcusable delay - plaintiff's claim was for fraudulent misrepresentation and deceit, and dishonest breach of trust in relation to investment options - whether the delay was inordinate - there was an obligation on the plaintiff, given the "late start" in commencing the proceedings, to prosecute them promptly - whether the delay was inexcusable - the plaintiff had not put forward any reason that excused the delay - where the balance of justice lay - whether the defendant was prejudiced by the plaintiffs’ delay - whether there was anything in the defendant’s conduct which militated against granting the reliefs sought - proceedings dismissed against the first and second defendant
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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