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Court of Appeal dismisses appeal of High Court orders dismissing proceedings for want of prosecution arising from a personal injuries claim which was not maintained and where the principal solicitor was now deceased, finding that the justice of the case does not permit the continuation of the action, and no good reason have been established as to why he High Court orders should be interfered with.
Practice and procedure – appeal of High Court orders dismissing proceedings for want of prosecution – O. 122, r. 11 of the Rules of the Superior Courts – inordinate and inexcusable delay – jurisdiction of the appellate court – balance of justice – justice of the case does not permit the continuation of the action and Mr Sweeney has established no good reason why this Court should interfere with the orders made by the High Court – appeal dismissed.
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