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The High Court has dismissed a professional negligence case due to inordinate and inexcusable delay by the plaintiff, who failed to advance proceedings for over a decade. The court found that the balance of justice favored dismissal, as the defendant faced prejudice due to the passage of time, including difficulties in locating witnesses and obtaining professional indemnity insurance. The plaintiff's claim, initiated in 2010, alleged improper legal advice regarding the conveyance of properties and the handling of funds. Despite a previous opportunity to expedite the case following a 2021 judgment, the plaintiff did not take significant action until 2024. The court concluded that the defendant had sufficiently addressed issues previously lacking clarity, and the plaintiff's delay undermined the case's viability.
professional negligence, dismissal for delay, inordinate delay, inexcusable delay, balance of justice, prejudice to defendant, legal advice, conveyance of properties, handling of funds, High Court, undertakings, Anglo Irish Bank, Launceston Property Finance DAC, indemnity insurance, Primor test (Cassidy v. the Provincialate), exceptional circumstances (Cave Projects Ltd v. Kelly), Legal Services Regulation Act 2015, no award of costs.
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.
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