Delay

Braunstein v Mostazafan & Janbazan Foundation (CLW 13 October CA)

Although a delay of three-and-a-half years in progressing an action was inexcusable, it had not amounted to serious prejudice to the defendant. The defendant’s argument that witness’s memories had faded lacked substance since the evidence to be given by the defendant’s principal witness on crucial issues was outlined in affidavit form and clearly confident on the crucial issues.