Professional Negligence Action Dismissed for Want of Prosecution

Gore & Grimes successfully brought an application to dismiss a High Court claim by Ulster Bank against our client’s insured on the grounds that the bank was guilty of inordinate delay in advancing its proceedings.

In a decision of Mr. Justice Meenan, 8 November 2019, the Plaintiff’s claim against our client was dismissed on the following grounds:

• The claim was a “late starter”, in other words, a considerable period of time had elapsed between the date that the alleged cause of action accrued and the proceedings were issued
• No steps were taken by the Plaintiff to advance the case following the delivery of our client’s full Defence in February 2016
• The delay by the Plaintiff prejudiced the defence of our client, as the memories of witnesses would have “significantly dimmed”
• The Judge quoted Irvine J. in Flynn v Minister for Justice when she observed

“All else being equal, persons against whom serious allegations are made that affect their professional standing should not have to wait over a decade before being afforded the opportunity to clear their name”.

This case serves as a further indicator that the Courts are prepared to strike out proceedings that have not been advanced with appropriate expedition and this approach is not exclusive to claims of professional negligence. Mr. Justice Meenan also dismissed a personal injury action last year for want of prosecution [Anita Caulfield v Fitzwilliam Hotel Group Limited & Kenneth Sheridan].

Insurers and defence solicitors alike should be alive to opportunities to bring such applications where it is appropriate to do so.

For further information, please contact Liam Collins