Financial difficulties explain inordinate delay in progressing negligence claim

Application to dismiss proceedings for want of prosecution - inordinate and inexcusable delay - proceedings seeking damages for negligence and breach of contract arising from alleged defects in the design of plaintiff's family home - statement of claim delivered in July 2012 - proceedings against second defendant dismissed by the High Court (Kearns P) as defendant not properly incorporated as of the date of a retainer/construction - solicitors only came on record for plaintiffs following the issuance of dismissal proceedings in late 2016/early 2017 - plaintiff allege financial and familial difficulties prevented them from instructing solicitors and progressing their case - jurisprudence on dismissing actions - concepts of fairness and justice - balancing of interests - case law to be considered on such an application - defendant yet to deliver defence - inordinate delay accepted by plaintiff - no explanation provided for how plaintiff's financial circumstances led to such inordinate delay or how they were able to instruct solicitors within a month of the defendant issuing this motion - plaintiffs intend to rely on conversations held between parties in 1999 - timeline of events - defendant a clear recollection of events - period since issuance of statement of claim - defendant's own delay in progressing matter - clearly excusable delay on plaintiffs' part - balance of justice - basic fairness and procedures - plaintiffs to be permitted to continue their claims.