1999/173A - Eves v Troy [1999] UR 173A (13 October 1999)

1999/173A - Eves v Troy [1999] UR 173A (13 October 1999)

The summons for cross-examination was devoid of merit because the affidavits were either formal, incontrovertible, or not in existence when the summons was issued, and there was no bona fide application justifying cross-examination in interlocutory proceedings.

Citation
[1999] UR 173A
Parties
Plaintiffs: Mr & Mrs Eves; Defendant: Advocate Troy; Defendant: Advocate Fielding; Third Defendant: Mr David Brown
Jurisdiction
Jersey
Judgment Date
13 October 1999
Procedural Posture
Civil / Interlocutory Application
Outcome
summons struck out
Legal Topics
Cross Examination on Affidavits, Interlocutory Applications, Striking Out Applications
Civil Procedure Cross Examination on Affidavits Interlocutory Applications Striking Out Applications

Case Brief

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Parties

Mr & Mrs Eves

Plaintiffs

Advocate Troy

Defendant

Advocate Fielding

Defendant

Mr David Brown

Third Defendant

Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 Whether cross-examination should be permitted on affidavits filed in support of an interlocutory application to strike out the Order of Justice
  2. 2 Whether the summons to require attendance of deponents for cross-examination was valid

Ratio Decidendi

The summons for cross-examination was devoid of merit because the affidavits were either formal, incontrovertible, or not in existence when the summons was issued, and there was no bona fide application justifying cross-examination in interlocutory proceedings.

Court Disposition

summons struck out

Orders

  • The preliminary summons of Mr & Mrs Eves are struck out.