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James Murray Smith v. Golar-Nor Offshore A/S [2007] CSOH 161


Reparation - Debate:- The defenders enrolled the following motion:- "On behalf of the defenders, to grant decree of dismissal and award the expenses of the process in favour of the defenders on account of the pursuer's inordinate delay in pursuing the action". The motion was opposed, and a debate took place. It was submitted on behalf of the defenders that there was inordinate and inexcusable delay, with an added element of unfairness to the defenders specific to the particular facts of the case. The action related to alleged accidents which had occurred ten years previously. The action had been in court for more than seven years and there had been inexcusable delay. The pursuer had an obligation to proceed as expeditiously as possible which he had failed to do and it was appropriate that the action be dismissed. The pursuer opposed the defenders' motion and advised that the pursuer would seek to amend the record in terms of a minute of amendment. It was submitted that the delay might be regarded as inordinate, but it was excusable. Here the court considered whether there had been inordinate and inexcusable delay, resulting in an added element of unfairness to the defenders specific to the factual context of the case.