Benest v Kendall [1992] JLR_Note 2d (24 February 1992)
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Application for Dismissal for Want of Prosecution
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court's discretion to dismiss for want of prosecution is engaged where there is inordinate and inexcusable delay, and the balance of justice must be considered.
Court disposition
dismissed
Orders
- Case dismissed for want of prosecution
02
Material facts
Parties
Benest
ApplicantKendall
Respondent03
Procedural history
Posture
Civil / Application for Dismissal for Want of Prosecution
04
Questions and positions
Legal issues
Whether the court should exercise its discretion to dismiss the case for want of prosecution
Party arguments
- Applicant
- The applicant seeks dismissal of the case for want of prosecution, arguing undue delay by the respondent.
- Respondent
- The respondent opposes dismissal, contending that the delay is excusable or not prejudicial.
05
Court’s reasoning
Legal principles
- 01
common law/civil procedure
The court has discretion to dismiss a case for want of prosecution where there has been inordinate and inexcusable delay.
06
Ratio, limits and disposition
Ratio decidendi
The court's discretion to dismiss for want of prosecution is engaged where there is inordinate and inexcusable delay, and the balance of justice must be considered.
Court disposition
dismissed
- Case dismissed for want of prosecution
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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