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Personal injury claim against hospital dismissed for inordinate and inexcusable delay
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The High Court struck out the plaintiff's claim for personal injuries arising from an alleged hospital-acquired MRSA infection, due to extensive and inexcusable delay in prosecuting the case. The court found that, over more than 17 years since the claim commenced (and over 20 years since the underlying events), the plaintiff's solicitor had failed to progress the proceedings adequately, particularly in obtaining essential expert reports and complying with procedural steps. The court was not satisfied that the explanations offered justified the cumulative periods of complete inactivity, nor that there existed any pressing exigency of justice to warrant permitting the case to proceed. As a result, the plaintiff’s claim was dismissed, and the defendants were awarded their costs, with the specific order on costs to be determined at a later hearing.
application to strike out – personal injuries claim – hospital-acquired MRSA infection – inordinate and inexcusable delay – Rules of the Superior Courts (RSC) – O.122 – r.11 RSC – inherent jurisdiction of the court – balance of justice – prejudice to defendant – absence of expert report – special damages particulars – plaintiff’s solicitor delays – discovery and FOI documentation – constitutional right to fair trial – costs – dismissal for want of prosecution
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