Bowen v Noel Invs. [1990] JLR 184 (05 September 1990)
An action is not obviously and incontestably bad if it is unclear whether it was commenced by an improper procedure, such as an action for payment of a stopped cheque commenced by ordre provisoire.
Source-derived case information.
- Citation
- [1990] JLR 184
- Parties
- Plaintiff: Bowen; Defendant: Noel Investments
- Jurisdiction
- Jersey
- Judgment Date
- 05 September 1990
- Procedural Posture
- Civil / Application to Strike Out Pleadings
- Outcome
- Application to strike out refused
- Legal Topics
- Pleading, Striking Out, Abuse of Process
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Bowen
Plaintiff
Noel Investments
Defendant
Procedural Posture
Civil / Application to Strike Out Pleadings
Legal Issues
- 1 Whether an action should be struck out as an abuse of process under Royal Court Rules, 1982, r.6/13(d)
- 2 Whether the action is obviously and incontestably bad
Ratio Decidendi
An action is not obviously and incontestably bad if it is unclear whether it was commenced by an improper procedure, such as an action for payment of a stopped cheque commenced by ordre provisoire.
Court Disposition
Application to strike out refused
Full Case Text
Judgment text and source record
1 paragraphs
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [ DONATE ] Jersey Law Reports You are here: BAILII >> Databases >> Jersey Law Reports >> Bowen v Noel Invs. [1990] JLR 184 (05 September 1990) URL: https://www.bailii.org/je/cases/JLR/1990/JLR900184.html Cite as: [1990] JLR 184 [ New search ] [ Help ] Bowen v Noel Invs. 1990 JLR 184 (05 September 1990) Civil Procedure - pleading - striking out - action to be struck out as abuse of process of court under Royal Court Rules, 1982, r.6/13(d) only if obviously and incontestably bad - not obviously and incontestably bad if unclear whether action commenced by improper procedure, e.g. if action for payment of stopped cheque commenced by ordre provisoire The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1990 JLR 184 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1990/JLR900184.html