Defamation proceedings dismissed where bank has effectively closed down and witnesses may not be available

Application to dismiss for want of prosecution – defamation - solicitors undertakings – bank lent client monies subject to undertakings by the plaintiff and her partner - dispute arose concerning these undertakings – charge securing the loans did not extend to the entirety of the property being charged in that it was limited to certain apartments and not the common areas - two officials arrived at the solicitor’s office demanding the documentation - bank made a formal complaint to the Law Society - complaint was withdrawn by the bank – proceedings issued – seeking declarations that the solicitors were guilty of misconduct for failing to comply with the undertakings – proceedings were dismissed - application to dismiss the proceedings for want of prosecution - steps taken in the proceedings - principles to be applied - cannot identify any action on the part of the bank that caused or contributed to the delay in prosecuting the claim - balance of justice - defence of absolute privilege - staff have completely changed since the time of the events complained of, that the bank’s structure and business has fundamentally changed and that all key personnel have since left their offices - bank has, effectively, been closed down - bank is entitled to the reliefs which it seeks, as the balance of justice lies in favour of such – proceedings dismissed -