Jersey Judgment

1900 Trust v Nurnberg [2000] JLR 62 (23 February 2000)

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Professional case brief

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Source document

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

Applicant

Nurnberg

Respondent

03

Procedural history

  1. 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

  1. 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

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Judgment text

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Source document

Court record

Judgment

[2000] JLR 62

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