Where a plaintiff substantially reformulates their case many years after commencement of proceedings, the prejudice to the defendant from the late notification of the new case is a significant factor supporting dismissal for want of prosecution, even where individual instances of prejudice (lost documents, death of witnesses) may not individually appear overwhelming. The attribution of responsibility for delay assumes less prominence in such cases compared to cases where the pleaded case has remained constant. The enlivening of UCPR r 389(2) through inactivity places the plaintiff in a position where the proceeding is stayed, and the need for leave to proceed is a particularly relevant circumstance.
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