CI Marine -v- Whipp [2014] JRC 106A (12 May 2014)

CI Marine -v- Whipp [2014] JRC 106A (12 May 2014)

The defendant has established a bona fide counterclaim supported by independent evidence, arising from the same subject matter as the plaintiff's claim. The evidence is sufficient to raise a fair case for defence, and the matter is not suitable for summary judgment. Unconditional leave to defend is appropriate.

Citation
[2014] JRC 106A
Parties
Plaintiff: Channel Island Marine Limited; Defendant: Mr Whipp
Jurisdiction
Jersey
Judgment Date
12 May 2014
Procedural Posture
Civil / Summary Judgment Application; Leave to Defend
Outcome
Plaintiff's application for summary judgment dismissed; defendant granted unconditional leave to defend.
Legal Topics
Summary Judgment, Leave to Defend, Counterclaim, Contract for Services, Pleadings, Costs
Contract Law Civil Procedure Summary Judgment Leave to Defend Counterclaim Contract for Services Pleadings Costs

Case Brief

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Parties

Channel Island Marine Limited

Plaintiff

Mr Whipp

Defendant

Procedural Posture

Civil / Summary Judgment Application; Leave to Defend

Legal Issues

  1. 1 Whether the defendant should be granted unconditional leave to defend against the plaintiff's claim for unpaid repair fees
  2. 2 Whether the defendant has established a bona fide counterclaim arising from alleged substandard and incomplete repair works
  3. 3 Whether the plaintiff is entitled to summary judgment given the evidence and pleadings

Ratio Decidendi

The defendant has established a bona fide counterclaim supported by independent evidence, arising from the same subject matter as the plaintiff's claim. The evidence is sufficient to raise a fair case for defence, and the matter is not suitable for summary judgment. Unconditional leave to defend is appropriate.

Court Disposition

Plaintiff's application for summary judgment dismissed; defendant granted unconditional leave to defend.

Orders

  • Defendant to file an amended answer and counterclaim by 30th May, 2014, setting out all facts and matters relied upon.
  • Plaintiff granted liberty to file a reply and answer to the counterclaim.