B -v- MR [2007] JRC 199 (22 October 2007)

B -v- MR [2007] JRC 199 (22 October 2007)

The husband's delay in prosecuting the Second Action, though inordinate, was excusable in the exceptional circumstances of prioritising contact with his children amid tense and difficult proceedings. The stricter test applied in the First Action and the longer delay in the Second Action broadly cancelled each other out. The wife's application to strike out the Second Action for want of prosecution was dismissed.

Citation
[2007] JRC 199
Parties
Appellant: Husband; Respondent: Wife
Jurisdiction
Jersey
Judgment Date
22 October 2007
Procedural Posture
Appeal / Post Strike Out, Appeal Against Deputy Registrar's Decision
Outcome
appeal allowed
Legal Topics
Delay in Prosecution, Striking Out Actions, Matrimonial Finance, Inherent Jurisdiction, Excusable Delay
Family Law Civil Procedure Delay in Prosecution Striking Out Actions Matrimonial Finance Inherent Jurisdiction Excusable Delay

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Parties

Husband

Appellant

Wife

Respondent

Procedural Posture

Appeal / Post Strike Out, Appeal Against Deputy Registrar's Decision

Legal Issues

  1. 1 Whether the husband's delay in prosecuting the Second Action was inordinate and inexcusable
  2. 2 Whether the Second Action should be struck out for want of prosecution under the inherent jurisdiction of the court

Ratio Decidendi

The husband's delay in prosecuting the Second Action, though inordinate, was excusable in the exceptional circumstances of prioritising contact with his children amid tense and difficult proceedings. The stricter test applied in the First Action and the longer delay in the Second Action broadly cancelled each other out. The wife's application to strike out the Second Action for want of prosecution was dismissed.

Court Disposition

appeal allowed

Orders

  • Wife's application to dismiss the Second Action for want of prosecution is dismissed
  • Matter remitted to Deputy Registrar for directions for speedy progress to trial