A trial judge's acceptance of a plaintiff's oral evidence given 19 years after the events may not be protected by the Abalos principle where that evidence is contradicted by a multiplicity of entries in contemporary hospital records made by independent health professionals. Where a defendant acquiesces in proceedings continuing after delay by consenting to orders allowing the action to proceed, the defendant cannot later rely on the earlier delay alone as a ground for dismissal for want of prosecution.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
2 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.