Part of claim for breach of construction contract dismissed where likely prejudice to defendant

Application to dismiss proceedings on grounds of delay - want of prosecution - Order 36 rule 12(b) RSC - professional negligence action concerning retainer of chartered engineer in connection with construction of dwelling - set down for trial in 2012 but further issues remained in relation to particulars - non-reply to late tender offer - whether no steps taken since case set down for trial - ten years since construction of dwelling - applicable legal principles - whether delay inordinate - whether satisfactory excuse for delay - defendant's conduct - no excuse for delay of expert in furnishing report - no excuse for failure to take action after notice of trial struck out - not excusable that no reply was provided to notice of tender - explanation must be one which excuses the delay - balance of justice - defendant took no procedural steps to remedy failure by plaintiffs to serve formal notice for particulars - alleged prejudice to defendant - likely or probable - passage of time's effect on fabric of building and a link between alleged failures of construction due to plaintiffs' occupation - alleged inherent defects crystallised at date of final certification - no expert evidence to suggest passage of time and normal wear and tear cannot be understood and isolated from inherent defects - difficulty in recalling conversations as to representations and assurances - no evidence shown of defendant's difficulty in obtaining professional indemnity insurance in intervening period - claim of loss of documents is speculative - defendant cannot be fairly required to answer claim based on an alleged failure to advise plaintiffs of chosen builder's insurance cover - unjust to plaintiff to dismiss claim which is ready for trial - claim to be confined to breach of contract and retainer