Delay In Professional Negligence Claims

In a recent High Court decision, Power v Creed¹) Judge Baker dealt with a claim of professional negligence. The claim arose from the retainer by a couple (the plaintiffs) of a chartered engineering firm (the defendants) regarding the construction of their home in 2005. The defendants brought a strike-out claim for a significant delay in the progression of the proceedings. Baker considered the established principles of striking out a claim. The court considered whether the delay was inordinate and whether the plaintiffs provided a satisfactory excuse for the delay. Baker also noted that the court must exercise a judgment on whether the balance of justice is in favour of or against the case proceeding.