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Appeal in divorce proceedings is struck out for want of prosecution

By: Shane Kiely BL

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High Court, upon application by a respondent husband to an appeal brought by a wife in divorce proceedings, strikes out the appeal for want of prosecution, even allowing for delays related to the Covid-19 pandemic.

Application to strike out Ms B’s appeal in the within proceedings on grounds of inordinate and inexcusable delay on her part in progressing same - case was first before the Court on 4th April 2019 and Court urged parties to attempt to settle the matter - chronology of case from ruling of divorce on 4th April 2019 to 7th December 2020 - efforts to contact a solicitor by phone or the internet could have been made at any time in 2020 - as a result of appeal husband still lives in what he calls 'substandard accommodation' - analysis of relevant case law in family law proceedings on delay - appeal struck out for want of prosecution with no order for costs.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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