Delay in prosecution of financial advisory misconduct claim leads to dismissal

Court of Appeal upholds the High Court's dismissal of a case due to inordinate and inexcusable delay by the plaintiff, a retired auctioneer, who had failed to progress his claim against a bank for alleged financial advisory misconduct dating back to 2006. The plaintiff's case, which involved claims of breach of contract, breach of trust, and other damages, was significantly hindered by the passage of time, particularly concerning a crucial conversation that occurred over a decade prior to the initiation of proceedings. The High Court found that the delay, coupled with the central significance of oral evidence about the 2006 conversation, justified dismissal in the interests of justice. The plaintiff's appeal, which argued for excusable delay due to involvement in related receivership proceedings, personal circumstances, and the impact of the COVID-19 pandemic, was rejected as the Court of Appeal found no persuasive basis to challenge the High Court's conclusions.