Boyd v Pickersgill and Le Cornu [2004] JRC 103 (09 June 2004)

Boyd v Pickersgill and Le Cornu [2004] JRC 103 (09 June 2004)

The plaintiff's delay in prosecuting the claim since September 1999 was inordinate and inexcusable, and has caused serious prejudice to the defendants by further diminishing witnesses' recollection of events central to the case.

Citation
[2004] JRC 103
Parties
Plaintiff: Miss Boyd; Defendants: Pickersgill & Le Cornu
Jurisdiction
Jersey
Judgment Date
09 June 2004
Procedural Posture
Civil / Application to Strike Out for Want of Prosecution
Outcome
claim dismissed
Legal Topics
Strike Out for Want of Prosecution, Delay, Prejudice, Prescription, Professional Negligence, Breach of Contract
Civil Procedure Professional Negligence Strike Out for Want of Prosecution Delay Prejudice Prescription Breach of Contract

Case Brief

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Parties

Miss Boyd

Plaintiff

Pickersgill & Le Cornu

Defendants

Procedural Posture

Civil / Application to Strike Out for Want of Prosecution

Legal Issues

  1. 1 Whether the action should be struck out for want of prosecution due to inordinate and inexcusable delay
  2. 2 Whether the delay caused prejudice to the defendants

Ratio Decidendi

The plaintiff's delay in prosecuting the claim since September 1999 was inordinate and inexcusable, and has caused serious prejudice to the defendants by further diminishing witnesses' recollection of events central to the case.

Court Disposition

claim dismissed

Orders

  • The claim is dismissed for want of prosecution.