Sultana v General Accident Fire & Life Assurance Corporation plc

Civil procedure – Dismissal for delay. Sheriff Court: In an action which the pursuer had commenced against the defenders, her insurers, in 1998, seeking indemnity for loss sustained as a result of a fire at her premises in 1996, and in which a diet of proof assigned to commence on 22 October 2001 was discharged and a further proof was allowed to be assigned on date to be afterwards fixed, following a hearing on 31 March 2016, assigned by order of the court, at which the defenders moved to dismiss the action, having found that there had been inordinate and inexcusable delay which resulted in unfairness, and being satisfied that there was at least a substantial risk that justice could not be done, in exercising its discretion the court considered that the action should be dismissed.

Category: