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The High Court considered an application to strike out the respondent's replying affidavit and counterclaim in family law divorce proceedings due to a failure to provide vouching documentation for the respondent’s Affidavit of Means. Despite acknowledging the respondent’s ill health and lack of legal representation, the court held that this could not justify ongoing delay, particularly as the respondent is legally qualified. The court granted a final 12-week extension for vouching disclosure, adjourning the motion to strike out until after this period, with costs reserved. If vouching is produced by the deadline, the strike out motion will be dismissed, otherwise it will be heard and determined.
family law – divorce – motion to strike out – affidavit of means – failure to vouch – replying affidavit – counterclaim – ill health – legal representation – adjournment – Rules of the Superior Courts (RSC) – special summons – Practice Direction Family Law HC51 – disclosure – costs reserved
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