Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
High Court refuses to strike out claim against solicitor for alleged professional negligence in the investigation of title to property, notwithstanding delays on the part of the plaintiffs such that the action had not come to hearing 14 years after the purchase of the property, on the grounds that the solicitor was not prejudiced in his defence of the action.
Professional negligence - solicitor - investigation of title - application to strike out claim - delay - purchase of property - solicitor found that title was good and marketable - portion of property belonged to third party - purchase of property for €1.5 million - expenditure of over €5 million - property purchased in 2001 - proceedings issued in 2005 - pleadings in 2006 - slow progress of proceedings - whether inordinate and inexcusable delay - jurisdiction to strike out for want of prosecution - balance of justice - risk of prejudice - explanation for delay - other dispute involving plaintiffs - whether involvement in other litigation was a mitigating factor - whether defendant was also guilty of delay.
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.
The only fast reporting service for all Irish judgments over the past ten years. Click here to request a subscription.
Register Now