Delay At Your Peril

6th November 2008 saw the implementation of a new Court of

Session rule which clarifies the position in this court regarding

delays.

The new rule, in Chapter 21A states that "Any party to

a claim may, while that claim is depending before the court, apply

by minute for the court to dismiss the claim due to inordinate and

inexcusable delay by another party or another party's agent in

progressing the claim, resulting in unfairness."

In the past, the issue of delay and the consequences in

proceedings in Scotland has been unclear. In Esso Petroleum Co

Ltd v. Hall Russell & Co Ltd (No. 2) 1995, the defenders

sought for the action to be dismissed due to "inordinate and

inexcusable delay" on the part of the pursuers. It was argued

that...