Operative delay has compromised capacity of court to adjudicate fairly on personal injuries claim

Application to dismiss for inordinate and inexcusable delay - personal injuries – employee claims that she endured “significant emotional suffering” as a result of a “flawed” disciplinary investigation carried out by her employer – no steps taken since October 2013 - legal principles governing application to dismiss - has there been inordinate delay - a laissez faire attitude to the progress of litigation cannot be tolerated - court’s obligation to ensure that litigation is progressed to a conclusion with reasonable expedition – chronology - there has been inordinate delay in the prosecution of these proceedings - a delay of some eight years is inordinate in the context of a personal injuries action – inexcusable delay - plaintiff has not sought to justify the delay – balance of justice - trial judge will have to adjudicate on what was said at meetings which took place more than fifteen years ago - recollection of witnesses fades over time and that the ability of the witnesses to recall the events of some fifteen years ago will be limited - one of the key protagonists, the former personnel officer, is now retired and is not in good health - operative delay has compromised the capacity of the court of trial to adjudicate fairly on the personal injuries claim – proceedings dismissed – .