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Medical and marital difficulties did not excuse failure to deliver statement of claim
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High Court grants order to dismiss proceedings where no statement of claim had been issued after several years, on the grounds that the bankruptcy, medical difficulties and marital problems of the plaintiff did not amount to excuses for not pursuing commercial-type proceedings.
Agreement between brothers with interests in property and public house - agreement to sell property - bankruptcy - claim for breach of contract - negligent misstatement - fraudulent misrepresentation - plenary summons in 2013 - no statement of claim - delay - cause of action vested in Official Assignee in Bankruptcy - medical problems of plaintiff - marital difficulties - balance of justice.
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