B v A (Approved) [2021] IEHC 120 (23 February 2021)

B v A (Approved) [2021] IEHC 120 (23 February 2021)

Ms B's delay in prosecuting the appeal was inordinate and inexcusable; the balance of justice, including prejudice to Mr A and basic fairness, requires striking out the appeal for want of prosecution.

Citation
[2021] IEHC 120
Parties
Appellant, Formerly Respondent: B; Respondent, Formerly Applicant: A
Jurisdiction
Ireland
Judgment Date
23 February 2021
Procedural Posture
Family Law Appeal (divorce) / Application to Strike Out Appeal for Want of Prosecution
Outcome
Appeal struck out for want of prosecution.
Legal Topics
Divorce, Delay in Prosecution, Striking Out Proceedings, Appeals
Family Law Civil Procedure Divorce Delay in Prosecution Striking Out Proceedings Appeals

Case Brief

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Parties

B

Appellant, Formerly Respondent

A

Respondent, Formerly Applicant

Procedural Posture

Family Law Appeal (divorce) / Application to Strike Out Appeal for Want of Prosecution

Legal Issues

  1. 1 Whether the appellant's delay in prosecuting the appeal is inordinate and inexcusable
  2. 2 Whether the balance of justice favours striking out the appeal

Ratio Decidendi

Ms B's delay in prosecuting the appeal was inordinate and inexcusable; the balance of justice, including prejudice to Mr A and basic fairness, requires striking out the appeal for want of prosecution.

Court Disposition

Appeal struck out for want of prosecution.

Orders

  • Strike out appeal proceedings for want of prosecution.
  • No order as to costs unless further submissions are made.