Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Personal injuries case struck out after over a decade of delay in prosecution
|
or click here to request site subscription to search and view all judgments |
The High Court struck out a personal injuries claim brought by a paramedic against a local authority employer due to extensive and largely unexplained delays in prosecuting the case, which arose from a workplace accident dating back to 2008. Although there was not a continuous two-year period of procedural inactivity immediately before the defendant’s application to dismiss, the court found that the cumulative delays—totalling over eleven years—were exceptional and unjustified. The plaintiff’s explanations, including purported complexity of injuries, medical uncertainty, solicitor-client breakdown, and Covid-19, were found insufficient. The defendant was not shown to have actively contributed to or encouraged the delay, and as a result, the court exercised its inherent jurisdiction to strike out the proceedings for want of prosecution, awarding costs to the defendant save further argument.
strike out for want of prosecution – personal injuries – delay in proceedings – workplace accident – paramedic – local authority employer – negligence – breach of duty – Rules of the Superior Courts – Order 122 rule 11 RSC – procedural inactivity – cumulative delay – adjournment – breakdown in solicitor-client relationship – judicial discretion – costs order
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
