Templar v Watt (No 2)

The case of Templar v Watt (No 2) involves proceedings where the plaintiffs sought to have the case dismissed for the defendant's want of due despatch. The plaintiffs had previously been warned about the importance of avoiding further delays due to an earlier application. This time, the delay was attributed to the defendant's solicitor's failure to complete basic administrative tasks. The plaintiffs did not personally contribute to the delay.

The court was tasked with determining whether the plaintiffs' application to dismiss the proceedings should succeed. The central issue was whether the defendant's delay, resulting from the solicitor's administrative oversight, warranted the dismissal of the case. The court also had to consider whether the plaintiffs had been at fault in any way that could negate their entitlement to a dismissal.

The court held that the plaintiffs' application should be dismissed. The delay was not due to any personal fault on the part of the plaintiffs, but rather the administrative oversight of the defendant's solicitor. The court found that the plaintiffs had been sufficiently diligent and had warned the defendant about the consequences of further delays. The court held that the defendant's failure to take responsibility for the administrative tasks did not justify the dismissal of the proceedings. The court emphasised that the plaintiffs were not to blame for the situation.

No further orders were made by the court beyond dismissing the plaintiffs' application. The case was to proceed as originally scheduled, with the court's decision highlighting the importance of both parties taking responsibility for the progress of their cases.