Court of Appeal dismisses appeal, and affirms High Court order striking out negligence proceedings against a firm of solicitors on the grounds of inordinate and inexcusable delay, on the grounds that the trial judge was correct when she determined that the balance of justice favoured the dismissal of these proceedings, and any potential prejudice for either party has been authored by the delay on the part of the appellant.
Personal injuries – practice and procedure – appeal of High Court dismissal of proceedings on the grounds of inordinate and inexcusable delay – injury allegedly sustained by a plaintiff struck in the jaw by a pellet from an air rifle discharged by a fellow employee and claim was statute barred so solicitors were sued on the basis that they were negligent in failing to issue the proceedings against his employer – appellant’s delay in these proceedings was both inordinate and inexcusable – whether the balance of justice nonetheless favoured allowing the action proceed – any potential prejudice for either party has been authored by the delay on the part of the appellant – trial judge was correct when she determined that the balance of justice favoured the dismissal of these proceedings – appeal dismissed.