Gale and Clarke -v- Rockhampton and Antler [2007] JCA 117B (15 June 2007)

Gale and Clarke -v- Rockhampton and Antler [2007] JCA 117B (15 June 2007)

The doctrine of voisinage forms part of Jersey law, as established by Searley v. Dawson and subsequent acceptance in legal practice and academic writing; it is properly classified as a quasi contract, not a tort, and attracts a ten-year prescriptive period.

Citation
[2007] JCA 117B
Parties
Plaintiff/respondent: Martin Gale; Plaintiff/respondent: Anthony Gabriel Webber Clarke; Defendant/appellant: Rockhampton Apartments Limited; Defendant/appellant: Antler Property CI Limited
Jurisdiction
Jersey
Judgment Date
15 June 2007
Procedural Posture
Appeal / Appeal From Royal Court Judgment on Preliminary Question
Outcome
Appeal dismissed
Legal Topics
Voisinage, Nuisance, Quasi Contract, Prescription
Property Law Tort Law Customary Law Voisinage Nuisance Quasi Contract Prescription

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 5 Authorities cited 15 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Martin Gale

Plaintiff/respondent

Anthony Gabriel Webber Clarke

Plaintiff/respondent

Rockhampton Apartments Limited

Defendant/appellant

Antler Property CI Limited

Defendant/appellant

Procedural Posture

Appeal / Appeal From Royal Court Judgment on Preliminary Question

Legal Issues

  1. 1 Does the doctrine of voisinage form part of Jersey law?
  2. 2 Is voisinage properly classified as a quasi contract or a tort?
  3. 3 What is the applicable prescriptive period for a claim in voisinage?

Ratio Decidendi

The doctrine of voisinage forms part of Jersey law, as established by Searley v. Dawson and subsequent acceptance in legal practice and academic writing; it is properly classified as a quasi contract, not a tort, and attracts a ten-year prescriptive period.

Court Disposition

Appeal dismissed

Orders

  • The doctrine of voisinage is affirmed as part of Jersey law.
  • Voisinage is classified as a quasi contract with a ten-year prescriptive period.