In re Carlston v [1995] JLR_Note 2a (06 June 1995)

The court held that an application for declaration does not constitute an 'action'.

Parties: Applicant: Carlston
Jurisdiction: Jersey
Judgment Date: 06 June 1995
Procedural Posture: Application for Declaration / Preliminary
Outcome: Application granted
Legal Topics: Nature of Proceedings

Civil Procedure Nature of Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Carlston

Applicant

Procedural Posture

Application for Declaration / Preliminary

Legal Issues

1 Whether an application for declaration constitutes an 'action'

Ratio Decidendi

The court held that an application for declaration does not constitute an 'action'.

Court Disposition

Application granted

Orders

Declaration issued that application is not an action