The recent case of Simon Ross -v- Giles Insurance Brokers
Limited yet again highlights the risks of failing to pursue a
claim without delay.
The Facts
The case concerned a claim for commission, mileage and profit
share by Mr Ross against his former employers, Giles Insurance
Brokers Limited ("GIBL"). The action was raised in
September 2002. Various sundry and abortive procedures occurred,
and, in October 2005, a hearing on the evidence was allowed, with
dates to be fixed. Nothing was fixed. The case lay dormant
until November 2010, when Mr Ross sought to revive it by asking the
court to fix trial dates.
The Arguments
GIBL sought to have the case disposed of, arguing their defence
was prejudiced as a result of Mr Ross's delay in progressing
the action. In particular, they were no longer able to access their
email system; they had difficulty in locating records; some of
their key witnesses could no longer be traced; and of those
witnesses who were available,
