No risk of an unfair trial despite delay

High Court - practice and procedure - application to dismiss proceedings on grounds of inordinate and inexcusable delay - no question of any important witness having died as a result of the plaintiff's delay - no evidence before the court that the defendant's professional indemnity insurance had increased at all - the height of what emerged from the averments made in the defendant's affidavit was presumed prejudice of a general type - defendant had contributed in a very material way to the fact that the proceedings continued to linger over him as there had been a 28 month delay between service by the plaintiff of a Notice of Intention to proceed and the issuing by the defendant of the motion to dismiss the proceedings - the delay was the responsibility of the defendant - there was nothing to suggest that a fair trial was or may no be longer possible - no evidential basis for a finding that any degrading of witness memories could not be addressed by the availability of records - prejudice established was general and not prejudice which could be regarded as significant or material.