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Unavailability through death of plaintiff prejudices defendant such that balance of justice lies in dismissing proceedings
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High Court, in professional negligence proceedings which were reconstituted following the death of the plaintiff, dismisses proceedings on the grounds that: the delay was inordinate and inexcusable; and the balance of justice, in light of the likely prejudice to the defendants flowing from the unavailability through death of the late plaintiff, is such as to favour dismissing the proceedings.
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