Bates v Bradley [1982] JLR 59 (15 January 1982)

Default judgment cannot be entered under Royal Court Rules 1968 r.6/8(2) if an answer has actually been filed, regardless of whether it was filed out of time.

Citation: [1982] JLR 59
Parties: Applicant: Bates; Respondent: Bradley
Jurisdiction: Jersey
Judgment Date: 15 January 1982
Procedural Posture: Civil / Default Judgment Application
Outcome: application for default judgment refused
Legal Topics: Default Judgment, Royal Court Rules 1968 R.6/8(2)

Civil Procedure Default Judgment Royal Court Rules 1968 R.6/8(2)

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Parties

Bates

Applicant

Bradley

Respondent

Procedural Posture

Civil / Default Judgment Application

Legal Issues

1 Whether default judgment can be entered if answer is filed out of time under Royal Court Rules 1968 r.6/8(2)

Ratio Decidendi

Default judgment cannot be entered under Royal Court Rules 1968 r.6/8(2) if an answer has actually been filed, regardless of whether it was filed out of time.

Court Disposition

application for default judgment refused