MRS RAZIA SULTANA FORMERLY TRADING AS IRUMS TAILORING AGAINST GENERAL ACCIDENT FIRE & LIFE ASSURANCE CORPORATION PLC [2016] ScotSC 40 (26 May 2016)

MRS RAZIA SULTANA FORMERLY TRADING AS IRUMS TAILORING AGAINST GENERAL ACCIDENT FIRE & LIFE ASSURANCE CORPORATION PLC [2016] ScotSC 40 (26 May 2016)

There was inordinate and inexcusable delay of over 14 years in progressing the action, primarily attributable to the pursuer. This delay resulted in unfairness to the defenders due to loss of witnesses, deterioration of memory, destruction of evidence, and procedural prejudice. The court was satisfied there was at least a substantial risk that justice could not be done, and therefore exercised its discretion to dismiss the action under Rule 15.7.

Citation
[2016] ScotSC 40
Parties
Pursuer: Mrs Razia Sultana formerly trading as IRUMS TAILORING; Defender: General Accident Fire & Life Assurance Corporation plc
Jurisdiction
Scotland
Judgment Date
26 May 2016
Procedural Posture
Civil Insurance Claim / Motion to Dismiss for Inordinate and Inexcusable Delay
Outcome
action dismissed
Legal Topics
Dismissal for Delay, Unfairness Due to Delay, Burden of Progressing Litigation, Quantification of Loss, Admissibility of Evidence
Civil Procedure Insurance Law Dismissal for Delay Unfairness Due to Delay Burden of Progressing Litigation Quantification of Loss Admissibility of Evidence

Case Brief

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Parties

Mrs Razia Sultana formerly trading as IRUMS TAILORING

Pursuer

General Accident Fire & Life Assurance Corporation plc

Defender

Procedural Posture

Civil Insurance Claim / Motion to Dismiss for Inordinate and Inexcusable Delay

Legal Issues

  1. 1 Whether there was inordinate and inexcusable delay in progressing the action
  2. 2 Whether the delay resulted in unfairness to the defenders
  3. 3 Whether the action should be dismissed under Rule 15.7 of the Ordinary Cause Rules

Ratio Decidendi

There was inordinate and inexcusable delay of over 14 years in progressing the action, primarily attributable to the pursuer. This delay resulted in unfairness to the defenders due to loss of witnesses, deterioration of memory, destruction of evidence, and procedural prejudice. The court was satisfied there was at least a substantial risk that justice could not be done, and therefore exercised its discretion to dismiss the action under Rule 15.7.

Court Disposition

action dismissed

Orders

  • Action dismissed for inordinate and inexcusable delay resulting in unfairness under Rule 15.7.
  • Pursuer found liable to defenders in expenses, restricted to 80% as taxed.