Hugh Cameron & Alice Mary Steuart Cameron v. Hughes Dowdall [2008] CSOH NUMBER151

Debate:- In this action, the pursuers sought damages in respect of alleged professional negligence by the defenders, a firm of solicitors, whom, it is claimed, negligently omitted to incorporate certain terms into a sale and purchase agreement and a related contract of service. The contract giving rise to the claim was concluded on 11 July 1989, the claim was intimated on behalf of the pursuers on 18 September 1990 and a summons was served on the defenders on 7 July 1994. Here a debate took place on the defenders' minute for dismissal for want of prosecution of the action. Here a detailed chronology was provided on behalf of the defenders and sought to persuade the court that:- (1) there had been both inordinate and inexcusable delay; and (2) there was an element of unfairness having regard to the particular circumstances of the delay. It was submitted on behalf of the pursuers that there had not been inexcusable delay in the case, and the period of delay must be looked at as a whole as to do otherwise would suggest that a short period of inexcusable delay tainted the whole period. Here the court considered the various distinct periods of time in the case to deteremine 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.