Jersey Judgment

Boyd v Pickersgill & Le Cornu [1998] JLR 305 (06 August 1998)

On this page

Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court held that mere ignorance of a cause of action is not sufficient to suspend the limitation period; suspension requires that it was practicably impossible for the plaintiff to bring the action within the limitation period.

Court disposition

claim dismissed

02

Material facts

Parties

Boyd

Plaintiff

Pickersgill & Le Cornu

Defendant

03

Procedural history

  1. Posture

    Civil / Judgment

04

Questions and positions

Legal issues

Whether mere ignorance of a cause of action suspends the limitation period under the doctrine of empêchement de fait.

Party arguments

Applicant
Plaintiff argued that ignorance of the cause of action should suspend the limitation period.
Respondent
Defendant argued that only practical impossibility to bring the action suspends the limitation period, not mere ignorance.

05

Court’s reasoning

  1. 01

    Jersey law on limitation of actions

    Mere ignorance of a cause of action does not constitute empêchement de fait suspending prescription; it must be practicably impossible for the plaintiff to bring the action within the limitation period.

06

Ratio, limits and disposition

Ratio decidendi

The court held that mere ignorance of a cause of action is not sufficient to suspend the limitation period; suspension requires that it was practicably impossible for the plaintiff to bring the action within the limitation period.

Court disposition

claim dismissed

Source and reliance status

Official court record

This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.

Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

[1998] JLR 305

[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [

DONATE ] Jersey Law Reports You are here:

BAILII >> Databases >> Jersey Law Reports >> Boyd v Pickersgill & Le Cornu [1998] JLR 305 (06 August 1998) URL: https://www.bailii.org/je/cases/JLR/1998/JLR980305.html Cite as: [1998] JLR 305 [ New search ] [ Help ] Boyd v Pickersgill & Le Cornu 1998 JLR 305 (06 August 1998) Limitation of Actions - running of time - suspension of limitation - mere ignorance of cause of action not empêchement de fait suspending prescription-must be practicably impossible for plaintiff to bring action within limitation period 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 305 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1998/JLR980305.html

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

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

No structured authorities are available for this judgment.

Refer to the full judgment and official source for citations that have not yet been extracted.

Case-aware research

Ask AI about this case

The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.

About this LexChat collection

This page organizes the available case record for research. Verify quotations, current status, and subsequent treatment against the source document. Corrections can be reported to hello@esheria.ai.

Legal information, not legal advice. Research summaries do not replace the judgment.