C.I. Law Trust Co. Ltd. v Pike [1990] JLR 27 (30 January 1990)

C.I. Law Trust Co. Ltd. v Pike [1990] JLR 27 (30 January 1990)

A pleading should only be struck out if it prejudices, embarrasses, or delays the fair trial of the present action, not merely because it may affect another pending action.

Citation
[1990] JLR 27
Parties
Applicant: C. I. Law Trust Co. Ltd.; Respondent: Pike
Jurisdiction
Jersey
Judgment Date
30 January 1990
Procedural Posture
Civil / Interlocutory Application
Outcome
application dismissed
Legal Topics
Pleading, Striking Out, Prejudice, Embarrassment, Delay
Civil Procedure Pleading Striking Out Prejudice Embarrassment Delay

Case Brief

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Parties

C. I. Law Trust Co. Ltd.

Applicant

Pike

Respondent

Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 Whether a pleading should be struck out on the grounds that it may prejudice, embarrass, or delay the fair trial of the present action.

Ratio Decidendi

A pleading should only be struck out if it prejudices, embarrasses, or delays the fair trial of the present action, not merely because it may affect another pending action.

Court Disposition

application dismissed