Powell v Chambers [2018] JRC 169 (11 September 2018)

Powell v Chambers [2018] JRC 169 (11 September 2018)

Relief from sanction partially granted; total strike out was disproportionate. Claims for economic and consequential loss remain struck out due to serious and significant breach without good reason. Primary claim for breach of promise allowed to proceed subject to strict compliance with further orders.

Citation
[2018] JRC 169
Parties
First Plaintiff: Mrs Powell; First Defendant: First Defendant; Second Defendant: Second Defendant
Jurisdiction
Jersey
Judgment Date
11 September 2018
Procedural Posture
Civil / Application for Relief From Sanction Following Strike Out for Non Compliance With Unless Order
Outcome
Relief from sanction partially granted; claims for economic and consequential loss remain struck out; primary claim allowed to proceed.
Legal Topics
Relief From Sanction, Discovery Obligations, Strike Out Orders, Litigant in Person, Testamentary Capacity, Breach of Promise, Economic Loss, Emotional Distress
Civil Procedure Trusts and Estates Relief From Sanction Discovery Obligations Strike Out Orders Litigant in Person Testamentary Capacity Breach of Promise +2 more

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Parties

Mrs Powell

First Plaintiff

First Defendant

First Defendant

Second Defendant

Second Defendant

Procedural Posture

Civil / Application for Relief From Sanction Following Strike Out for Non Compliance With Unless Order

Legal Issues

  1. 1 Whether relief from sanction should be granted after automatic strike out for failure to provide discovery
  2. 2 Whether the sanction of total strike out was proportionate
  3. 3 Whether claims for economic and consequential loss should remain struck out

Ratio Decidendi

Relief from sanction partially granted; total strike out was disproportionate. Claims for economic and consequential loss remain struck out due to serious and significant breach without good reason. Primary claim for breach of promise allowed to proceed subject to strict compliance with further orders.

Court Disposition

Relief from sanction partially granted; claims for economic and consequential loss remain struck out; primary claim allowed to proceed.

Orders

  • Claims for economic and consequential loss struck out.
  • Claim for exemplary and aggravated damages struck out for failure to provide required statement.