The Court declined to dismiss a medical negligence proceeding for want of prosecution, finding the plaintiff had shown cause. The delays in obtaining expert evidence were not attributable to the plaintiff personally, the delay following filing of the Statement of Claim was not of an extreme nature, and the defendant had not established specific prejudice beyond the passage of time. The Court left open whether Dr Kalanie's reports would satisfy admissibility requirements under s 79 of the Evidence Act 1995.
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