High Court: Impact On Professional Indemnity Insurance A Factor In Dismissal Of Negligence Claim

Maxwell v Lysaght p/a Francis J. O'Mahony & Co. & Ors [2019] IEHC 551 (17 July 2019)

The High Court dismissed a plaintiff's action for professional negligence against two separate law firms on the grounds of inordinate and inexcusable delay. In his judgment, Barrett J. observed that "[t]here is an obligation on a plaintiff who is pursuing a claim that will involve consideration of events of no little antiquity to progress with at least some expedition."

Background

Mr. Maxwell first approached the first named defendant in relation to a personal injuries claim following a 'trip and fall' incident in 2001. He claims to have been badly served by the first named defendant. He then approached the second to fifth named defendants. A dispute arose, inter alia, in relation to whether the second to fifth named defendants were instructed to act for him. Professional negligence proceedings were then issued in October 2013 against both...