The pursuer sought damages for negligence by his solicitors. They had sold their business, but the solicitors were said to have failed to include in their contracts clauses necessary for their protection. The defenders claimed that the action should fail for want of prosecution. The first intimation of a claim had been given in 1990.
Held: There had been isolated delays, but the most serious delays were associated with legal aid difficulties. There was therefore no inexcusable delay.
Judges:
Morag Wise QC J
Citations:
[2007] ScotCS CSOH – 161
Links:
Jurisdiction:
Scotland
Citing:
Cited – Tonner and Another v Reiach and Hall SCS 12-Jun-2007
In order to succeed in a minute asserting want of prosecution, the defender must show (i) that there had been both inordinate and inexcusable delay and (ii) that there was an ‘added element of unfairness . . specific to the particular factual . .
Cited – Assets Co Ltd v Bain’s Trustees 1902
A plea of mora may be sustained in an application for judicial review, but unreasonable delay is not of itself sufficient to found a successful plea: ‘But in order to lead to such a plea receiving effect, there must in my judgment have been . .
Cited – Smith v Golar-Nor Offshore A/S SCS 25-Sep-2007
. .
Cited – Somerville v Scottish Ministers HL 24-Oct-2007
The claimants complained of their segregation while in prison. Several preliminary questions were to be decided: whether damages might be payable for breach of a Convention Right; wheher the act of a prison governor was the act of the executive; . .
Lists of cited by and citing cases may be incomplete.
Professional Negligence, Contract
Updated: 06 April 2022; Ref: scu.277301