Jersey Judgment

Brazil v Durant Intl. [2012] 1 JLR_Note 20 (23 March 2012)

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Professional case brief

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Source document

01

Holding and result

The court affirmed its discretionary power to exclude hearsay evidence in appropriate circumstances.

Court disposition

interlocutory decision; discretion affirmed

02

Material facts

Parties

Brazil

Applicant

Durant International

Respondent

03

Procedural history

  1. Posture

    Civil / Interlocutory

04

Questions and positions

Legal issues

Whether hearsay evidence should be excluded at the court's discretion

Party arguments

Applicant
Applicant argued for the exclusion of hearsay evidence on discretionary grounds.
Respondent
Respondent argued that the hearsay evidence should be admitted.

05

Court’s reasoning

  1. 01

    Jersey law of evidence

    The court has discretion to exclude hearsay evidence.

06

Ratio, limits and disposition

Ratio decidendi

The court affirmed its discretionary power to exclude hearsay evidence in appropriate circumstances.

Court disposition

interlocutory decision; discretion affirmed

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

Judgment

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BAILII >> Databases >> Jersey Law Reports >> Brazil v Durant Intl. [2012] 1 JLR_Note 20 (23 March 2012) URL: https://www.bailii.org/je/cases/JLR/2012/JLR12N120.html Cite as: [2012] 1 JLR_Note 20 [ New search ] [ Help ] Brazil v Durant Intl. 2012 (1) JLR Note 20 (23 March 2012) Evidence-hearsay-discretion to exclude 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: 2012 (1) JLR Note 20 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2012/JLR12N120.html

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