1999/76 - Mayo & Ors v Anagram & Ors [1999] UR 76 (5 May 1999)

1999/76 - Mayo & Ors v Anagram & Ors [1999] UR 76 (5 May 1999)

A stay of proceedings is not warranted where legal representation has been provided under the Legal Aid Scheme, regardless of the defendant's subjective dissatisfaction. Amendments to pleadings require adequate particulars to be granted. Claims for loss based solely on the difference between certified and actual figures, without reliance and consequential loss, are not maintainable and are liable to be struck out.

Citation
[1999] UR 76
Parties
2nd Defendant in Action 94/6 and 1st Third Party in Action 94/254: Dr Young; Defendant in Action 94/6: Mrs Young; Defendant in Action 94/6: Anagram (Bermuda) Limited; Defendant/third Party: Touche Ross; Defendant/third Party: Cantrade; Plaintiffs: Plaintiffs; Advocate for Defendants/third Parties: Mr Journeaux
Jurisdiction
Jersey
Judgment Date
05 May 1999
Procedural Posture
Civil / Interlocutory Applications and Procedural Orders
Outcome
Applications determined as follows: stay of proceedings dismissed; extension of time for affidavit of documents granted with unless order; amendment application adjourned for particulars; strike out of sub-paragraphs (1) and (2) of paragraph 84 granted.
Legal Topics
Stay of Proceedings, Adequacy of Legal Representation, Extension of Time for Affidavit of Documents, Unless Order, Amendment of Pleadings, Particulars of Claim, Strike Out Application, Measure of Damages
Civil Procedure Legal Aid Discovery Pleading Amendment Damages Stay of Proceedings Adequacy of Legal Representation Extension of Time for Affidavit of Documents +5 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Dr Young

2nd Defendant in Action 94/6 and 1st Third Party in Action 94/254

Mrs Young

Defendant in Action 94/6

Anagram (Bermuda) Limited

Defendant in Action 94/6

Touche Ross

Defendant/third Party

Cantrade

Defendant/third Party

Plaintiffs

Plaintiffs

Mr Journeaux

Advocate for Defendants/third Parties

Procedural Posture

Civil / Interlocutory Applications and Procedural Orders

Legal Issues

  1. 1 Whether proceedings should be stayed pending provision of adequate legal representation and facilities to Dr Young
  2. 2 Whether extension of time should be granted for filing affidavit of documents
  3. 3 Whether unless order should be made against defendants for discovery

Ratio Decidendi

A stay of proceedings is not warranted where legal representation has been provided under the Legal Aid Scheme, regardless of the defendant's subjective dissatisfaction. Amendments to pleadings require adequate particulars to be granted. Claims for loss based solely on the difference between certified and actual figures, without reliance and consequential loss, are not maintainable and are liable to be struck out.

Court Disposition

Applications determined as follows: stay of proceedings dismissed; extension of time for affidavit of documents granted with unless order; amendment application adjourned for particulars; strike out of sub-paragraphs (1) and (2) of paragraph 84 granted.

Orders

  • Application for stay of proceedings by Dr Young dismissed.
  • Extension of time for Dr Young, Mrs Young, and Anagram (Bermuda) Limited to file affidavits of documents granted until 16 June, with unless order that defences be struck out if not filed by that date.