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Summary summons proceedings dismissed for inordinate and inexcusable delay

By: James Cross BL

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High Court dismisses summary summons proceedings seeking approximately €2.5m, on the grounds that: the delay in the proceedings was inordinate and inexcusable as the plaintiff’s solicitors failed to take the basic step of obtaining the file on this litigation from the previous solicitors; and the balance of justice lay in dismissing the proceedings due to the age and health of defendants and the fact that the passage of time will make it all the more difficult for a court hearing this matter at a trial date to decide where the truth lies.

Application to have proceedings dismissed for want of prosecution and/or inordinate and inexcusable delay on the part of the plaintiff – summary summons - proceedings arise out of moneys advanced by Ulster Bank Ireland Ltd to the first named defendant, in or about 2004, to the second named defendant, in or about January 2009, and a guarantee entered into by the second named defendant, in or about May 2006 - plaintiff seeks to recover €2.5 million – basis of the claim – defences – chronology of proceedings – legal principles to be applied – whether the delay is inordinate – whether the delay was excusable - failure to take the basic step of obtaining the file on this litigation from the previous solicitors – balance of justice – age and health of defendants – passage of time will make it all the more difficult for a court hearing this matter at a trial date, which will inevitably be over a year’s time, to decide where the truth lies – proceedings dismissed due to inordinate and inexcusable 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.

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