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Accident Compensation Cases

Schonberger v Accident Compensation Corporation (DC, 30/11/15)

Judgment Text

Judge A N MacLean
At a directions conference on 4 June 2015 I directed the appellant's evidence and submissions were to be filed within 2 months. 
Submissions were not filed as directed and the matter was set down for a call over on 16 September 2015 where I directed counsel for the appellant Mr Bamford to file an updating memorandum within 14 days and following that, submissions and evidence within 28 days. 
I noted in my September Minute that the matter is a longstanding one. 
The matter was referred back to me and on 6 November 2015 where I issued a third Minute directing Mr Bamford to advise in writing within 10 days why there had been no compliance with my previous Minute. I also requested commitment to a realistic timeframe for the filing of submissions and evidence. Failure to comply would mean the matter would be referred back to me with a view to dismissing it for want of prosecution without further mention. 
The Registry has confirmed to me that to date no submissions have been filed, nor a memorandum from Mr Bamford outlining reasons as to why that has not been done. 
I noted in my 6 November 2015 Minute that there comes a point when, if an appellant is not prepared to energetically pursue an appeal that in the interests of justice, some finality be brought to proceedings. 
Accordingly the appeal is dismissed and there is no issue as to costs. 

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