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High Court dismisses the plaintiffs' claim as against the third and fourth defendants, which sought specific performance of a settlement agreement from 2009, which had seen minimal progress over twelve years, on the grounds that the delay was not only inordinate but also lacked any substantial explanation, rendering it inexcusable; and despite the plaintiffs' argument that the defendants had acquiesced to the delay by engaging in discovery and without prejudice discussions, the balance of justice favored dismissal.
Settlement agreement - specific performance - inordinate delay - inexcusable delay - want of prosecution - dismissal - personal insolvency arrangement (PIA) - indemnity - prejudice - balance of justice - discovery process - without prejudice discussions - Primor plc v Stokes Kennedy Crowley - High Court - affidavit of discovery - notice of indemnity and contribution.
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