1900 Trust v Nurnberg [2000] JLR 62 (23 February 2000)
- Citation
- [2000] JLR 62
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Interlocutory
More details
- Posture
- Civil / Interlocutory
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Professional case brief
Research organized from the available case record
01
Holding and result
Immaterial pleadings causing unnecessary expense, trouble, and delay may be struck out, but parties must not too readily claim embarrassment and should seek expert advice for complex matters.
Court disposition
pleading may be struck out if it causes unnecessary expense, trouble, or delay
02
Material facts
Parties
1900 Trust
ApplicantNurnberg
Respondent03
Procedural history
Posture
Civil / Interlocutory
04
Questions and positions
Legal issues
Whether a pleading should be struck out for causing prejudice, embarrassment, or delay
Party arguments
- Applicant
- The pleading causes prejudice, embarrassment, or delay and should be struck out.
- Respondent
- A party should not too readily claim embarrassment; technical and complex pleadings may require additional expert advice.
05
Court’s reasoning
Legal principles
- 01
[2000] JLR 62
The terms 'prejudice, embarrass or delay' in striking out pleadings are to be given a liberal interpretation, but a party should not too readily claim embarrassment. Immaterial pleadings causing expense, trouble, and delay may be struck out. There is a duty to obtain additional expert advice if necessary for technical and complex pleadings.
06
Ratio, limits and disposition
Ratio decidendi
Immaterial pleadings causing unnecessary expense, trouble, and delay may be struck out, but parties must not too readily claim embarrassment and should seek expert advice for complex matters.
Court disposition
pleading may be struck out if it causes unnecessary expense, trouble, or delay
Source and reliance status
Official court record
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Judgment text
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Court record
Judgment
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