Complexity of medical negligence proceedings was good reason for renewal of summons and valid excuse for delay

Medical negligence proceedings – renewal of personal injuries summons – applications by defendants for an orders setting aside renewal of summons and/or dismissing plaintiff case – inordinate and inexcusable delay – want of prosecution – medical treatment afforded to plaintiff between 2004 and 2006 – low grade prostate cancer – personal injuries summons issued in September 2008 – ex parte order renewing summons in June 2010 – summons served on defendants between October and December 2010 – Order 8, Rules of Superior Court – renewal of summons only where reasonable efforts made to serve within time or where other “good reason” – if good reason for the renewal, whether the interests of justice mean that summons should be renewed – consideration of applicable test for setting aside renewal of summons – consideration of applicable test for striking out proceedings for delay and/or want of prosecution – difficulties arising in the context of medical negligence proceedings – complexity of plaintiff’s medical condition – concern not to serve unjustified proceedings – held that good reasons existed for renewal of the summons – permissible in medical negligence proceedings, where the Statute of Limitations is close to expiry, to issue proceedings while investigating medical evidence – delay in identifying and contacting proposed expert witnesses – identifiable periods of culpable delay on part of plaintiff – delay inordinate – delay excused by complexity of case, reluctance on part of plaintiff to sue his treating doctors and reluctance to advance case prematurely – delay on part of defendants in issuing motions – no impairment of defendants’ ability to defend case.