Jersey Judgment

Benest v Kendall [1992] JLR_Note 2d (24 February 1992)

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Professional case brief

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Source document

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

Applicant

Kendall

Respondent

03

Procedural history

  1. 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

  1. 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

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Source document

Court record

Judgment

Judgment

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