Croxford v Le Claire [1994] JLR 304 (22 September 1994)

Croxford v Le Claire [1994] JLR 304 (22 September 1994)

An action deemed withdrawn under Royal Court Rules 1992, r.6/20(2) cannot be reinstated, as there is no rule permitting such reinstatement and r.1/5 does not apply where no acts of parties are required.

Citation
[1994] JLR 304
Parties
Applicant: Croxford; Respondent: Le Claire
Jurisdiction
Jersey
Judgment Date
22 September 1994
Procedural Posture
Civil / Application for Reinstatement of Withdrawn Action
Outcome
application dismissed
Legal Topics
Withdrawal of Action, Discontinuance, Reinstatement of Action, Royal Court Rules 1992
Civil Procedure Withdrawal of Action Discontinuance Reinstatement of Action Royal Court Rules 1992

Case Brief

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Parties

Croxford

Applicant

Le Claire

Respondent

Procedural Posture

Civil / Application for Reinstatement of Withdrawn Action

Legal Issues

  1. 1 Whether a withdrawn action deemed withdrawn under Royal Court Rules 1992, r.6/20(2) can be reinstated
  2. 2 Whether r.1/5 allows extension of time to reinstate such an action

Ratio Decidendi

An action deemed withdrawn under Royal Court Rules 1992, r.6/20(2) cannot be reinstated, as there is no rule permitting such reinstatement and r.1/5 does not apply where no acts of parties are required.

Court Disposition

application dismissed