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High Court strikes out a professional negligence action against a law firm due to inordinate and inexcusable delay by the plaintiff, which resulted in moderate prejudice to the defendants, in circumstances where the plaintiff's claim, which alleged negligence in the handling of a share sale agreement that left him liable for company debts, was deemed to have been delayed excessively, with the proceedings initiated six years after the events in question and a further twelve years before coming to trial; and despite the plaintiff's health issues, the court found no sufficient excuse for the delay, determining that the defendants would face an unfair trial due to the time elapsed affecting the reliability of witness recollections.
professional negligence - share sale agreement - guarantor liability - inordinate delay - inexcusable delay - Rules of the Superior Courts (O122) - inherent jurisdiction - prejudice to defense - fair trial - witness memory - health issues - Primor PLC v. Stokes Kennedy Crowley - balance of justice - strike out - affidavit of discovery - notice of trial.
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