The High Court has dismissed a professional negligence case against a solicitor after finding that the plaintiff’s delay in progressing it was inordinate and inexcusable, and that the balance of justice favoured dismissal.
The judgment, delivered by Ms Justice Bolger on 13 November 2024, concerned proceedings issued in 2010. The plaintiff alleged that the solicitor had failed to give proper legal advice about the conveyance of three properties. He sought damages for negligence and breach of duty, as well as exemplary damages linked to an alleged failure to comply with an undertaking to Anglo Irish Bank.
A previous application to dismiss the case for delay was refused in October 2021 by Ms Justice Hyland. She had found the delay inordinate but considered that unanswered questions about references to undertakings and about roughly €41,000 held by the solicitor tipped the balance of justice against dismissal. She said the plaintiff should be given an opportunity to move the case on quickly.
The plaintiff served a notice of trial on 7 February 2024. Justice Bolger found that he had not adequately explained the further delay. He waited until March 2023 to file a notice of intention to proceed, after an appeal in separate proceedings against Launceston Property Finance DAC had concluded. The judge said those proceedings were not a realistic reason to leave this case inactive. The plaintiff then waited about a year before serving the notice of trial.
The judge also said the issues about the alleged undertakings and the retained sale proceeds were outside the negligence claim as it had been pleaded. The solicitor’s explanation was that references to undertakings in earlier correspondence were mistakes, and that he believed the money formed part of a settlement and could not be released because of ongoing professional obligations. The court did not decide whether the money should be released or direct the solicitor to deal with Launceston for the plaintiff.
In assessing prejudice, the judge considered the solicitor’s concerns about locating witnesses with memories of old transactions, the winding up of Anglo Irish Bank in 2013, difficulties obtaining professional indemnity insurance, complaints made by the plaintiff, and a doctor’s report about the impact of the proceedings on the solicitor’s health. She accepted that the evidence of prejudice was general, but found it sufficient in the circumstances.
Justice Bolger dismissed the proceedings for inordinate and inexcusable delay, finding the balance of justice clearly against allowing the claim to continue. The decision did not determine the disputed issues about the retained money. The judge gave an indicative view that there should be no costs award, citing confusion caused by historic correspondence and the late explanation of those issues. She listed the matter for 21 November 2024 to hear submissions on final orders, including costs.