Claim concerning contract for ownership and management of stallion dismissed for delay

Court of Appeal – Appeal of order of the High Court striking out the plaintiff’s claim for inordinate and inexcusable delay – claim arising out of a Syndicate Agreement in 2008 – plaintiff purchased a share in a stallion horse – allegations that the defendant has mismanaged the stallion – proceedings ground to a halt in 2014 – Notice of Intention to proceed in 2018 – motion to remit the proceedings to the Circuit Court more than a year later – initial dealings concerning the agreement and any oral agreement is now 13 years old – economic downturn – circumstances of payment for cover is complex – difficult to trace all relevant mare owners and recall these transactions – period of time taken up with the taxation of the costs of the interim injunction was not an excuse for the delay – extraneous to the conduct of proceedings - defendant not in default, little weight should attach to delay – ill health of the plaintiff or the plaintiff’s solicitor is not an excuse for the inaction for a period of three years an eight months – no medical evidence presented – no evidence that he could not give instructions during the period due to ill health or because he was residing in Spain – first period of delay was inexcusable – explanations for the delay do not justify the delay – issue of recovering the costs of an interim injunction are not relevant – evidence of ill health of the plaintiff and his solicitor is not sufficient to explain why the case could not proceed – no excuse for the delay in issuing a motion to remit the proceedings to the Circuit Court after the service of a notice of intention to proceed – another delay in relation to the second notice of intention to proceed – moderate prejudice established if the case is to proceed to trial – moderate prejudice if the case proceeds to trial – matters occurred in 2008 and 2011 – requires critical issues to be resolved by oral testimony – balance of justice lies in favour of dismissing the proceedings – refuse the appeal – affirm the order of the High Court - s.169 of the Legal Services Regulation Act 2015 – Order 99 of the Rules of the Superior Courts apply – costs follow the event.