Boots Properties Limited -v- Jones [2017] JRC 063 (20 April 2017)

Boots Properties Limited -v- Jones [2017] JRC 063 (20 April 2017)

Summary judgment is granted on the Bond Application as there is no defence; Mrs Jones received independent legal advice and the bond terms are clear. Summary judgment is refused on the Arrears Application as there is a genuine defence regarding the plaintiff's refusal to consent to assignment and affirmation arguments require trial.

Citation
[2017] JRC 063
Parties
Plaintiff: Boots Properties Limited; Defendant: Trevor Jones; Defendant: Lynn Jones
Jurisdiction
Jersey
Judgment Date
20 April 2017
Procedural Posture
Summary Judgment Application / Judgment on Applications for Summary Judgment
Outcome
Summary judgment granted in part; Bond Application succeeds, Arrears Application proceeds to trial.
Legal Topics
Lease Assignment, Summary Judgment, Independent Legal Advice, Affirmation of Lease, Interest on Arrears
Property Law Contract Law Civil Procedure Lease Assignment Summary Judgment Independent Legal Advice Affirmation of Lease Interest on Arrears

Case Brief

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Parties

Boots Properties Limited

Plaintiff

Trevor Jones

Defendant

Lynn Jones

Defendant

Procedural Posture

Summary Judgment Application / Judgment on Applications for Summary Judgment

Legal Issues

  1. 1 Whether summary judgment should be granted on the Bond Application against Mr and Mrs Jones
  2. 2 Whether summary judgment should be granted on the Arrears Application against Mr Jones
  3. 3 Whether Mrs Jones received independent legal advice when entering the bond

Ratio Decidendi

Summary judgment is granted on the Bond Application as there is no defence; Mrs Jones received independent legal advice and the bond terms are clear. Summary judgment is refused on the Arrears Application as there is a genuine defence regarding the plaintiff's refusal to consent to assignment and affirmation arguments require trial.

Court Disposition

Summary judgment granted in part; Bond Application succeeds, Arrears Application proceeds to trial.

Orders

  • Summary judgment for plaintiff on Bond Application against Mr and Mrs Jones for capital sums and simple interest at 4% over HSBC Bank Plc's base rate.
  • Unconditional leave to defend granted to Mr Jones on Arrears Application; matter to proceed to trial.