Jersey Judgment

Boyd v Pickersgill & Le Cornu [1998] JLR 124 (27 April 1998)

Civil Procedure Prescription Preliminary Issue Royal Court Rules 1992 R.7/8

Citation: [1998] JLR 124
Status: Judgment
Jurisdiction: Jersey
Posture: Civil / Trial of Preliminary Issue

More details

Posture: Civil / Trial of Preliminary Issue

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Professional case brief

Research organized from the available case record

Source document

Holding and result

Prescription can be tried as a preliminary issue in actions in contract and tort with no factual disputes if likely to dispose of the entire case.

Court disposition

preliminary issue allowed

Material facts

Parties

Boyd

Applicant

Pickersgill & Le Cornu

Respondent

Procedural history

Posture

Civil / Trial of Preliminary Issue

Questions and positions

Legal issues

Whether prescription can be tried as a preliminary issue under Royal Court Rules 1992, r.7/8

Party arguments

Applicant: Prescription should be considered as a preliminary issue due to absence of factual disputes and potential to dispose of the entire case.
Respondent: Normal practice is to try all issues together; prescription should not be separated.

Court’s reasoning

Legal principles

01
Royal Court Rules 1992, r.7/8

Prescription may be considered as a preliminary issue if there are no factual disputes and it is likely to dispose of the entire case.

Ratio, limits and disposition

Ratio decidendi

Prescription can be tried as a preliminary issue in actions in contract and tort with no factual disputes if likely to dispose of the entire case.

Court disposition

preliminary issue allowed

Source and reliance status

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Source document

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Judgment text

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Source document

Court record

Judgment

[1998] JLR 124

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BAILII >> Databases >> Jersey Law Reports >> Boyd v Pickersgill & Le Cornu [1998] JLR 124 (27 April 1998) URL: https://www.bailii.org/je/cases/JLR/1998/JLR980124.html Cite as: [1998] JLR 124 [ New search ] [ Help ] Boyd v Pickersgill & Le Cornu 1998 JLR 124 (27 April 1998) Civil Procedure - trial of preliminary issue - prescription - although normal practice to try all issues together, may consider prescription as preliminary issue on application under Royal Court Rules 1992, r.7/8, e.g. action in contract and tort with no factual disputes, if likely to dispose of entire case 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: 1998 JLR 124 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1998/JLR980124.html

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Royal Court Rules 1992, r.7/8

Legislation

Legislation referenced in the available case record.

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