B -v- M-R [2007] JRC 139 (17 July 2007)

B -v- M-R [2007] JRC 139 (17 July 2007)

Although the husband did not prosecute his case with reasonable diligence, his failure to issue a summons for directions was excusable due to the exceptional circumstances of prioritising contact proceedings with his children. The balance of justice favoured allowing the action to continue, as striking out would be disproportionate and cause no prejudice to the wife.

Citation
[2007] JRC 139
Parties
Appellant: Mr B; Respondent: Mrs B
Jurisdiction
Jersey
Judgment Date
17 July 2007
Procedural Posture
Appeal / Appeal Against Deputy Registrar's Decision to Strike Out Claim for Failure to Comply With Rule 6/26(1) Royal Court Rules
Outcome
appeal allowed
Legal Topics
Striking Out for Procedural Default, Summons for Directions, Matrimonial Finance, Delay in Prosecution, Case Management
Family Law Civil Procedure Striking Out for Procedural Default Summons for Directions Matrimonial Finance Delay in Prosecution Case Management

Case Brief

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Parties

Mr B

Appellant

Mrs B

Respondent

Procedural Posture

Appeal / Appeal Against Deputy Registrar's Decision to Strike Out Claim for Failure to Comply With Rule 6/26(1) Royal Court Rules

Legal Issues

  1. 1 Whether the husband's failure to issue a summons for directions within the required time justified striking out his claim under Rule 6/26(1) of the Royal Court Rules
  2. 2 Whether the delay was excusable in the circumstances
  3. 3 What test should be applied for dismissal under Rule 6/26(13)

Ratio Decidendi

Although the husband did not prosecute his case with reasonable diligence, his failure to issue a summons for directions was excusable due to the exceptional circumstances of prioritising contact proceedings with his children. The balance of justice favoured allowing the action to continue, as striking out would be disproportionate and cause no prejudice to the wife.

Court Disposition

appeal allowed

Orders

  • Action to continue
  • Matter remitted to Deputy Registrar for directions for speedy progress to trial