1998/30 - Eves v Viscount [1998] UR 30 (10 February 1998)
Leave to appeal is refused because, under the clear terms of Rule 6/7(5) and established authority, judgment cannot be entered if an answer has been filed before the application is made, regardless of whether it was out of time.
- Citation
- [1998] UR 30
- Parties
- Plaintiff: David Eves; Defendant: The Viscount
- Jurisdiction
- Jersey
- Judgment Date
- 10 February 1998
- Procedural Posture
- Application for Leave to Appeal / Application for Leave to Appeal From Royal Court Order
- Outcome
- Application for leave to appeal refused
- Legal Topics
- Default Judgment, Leave to Appeal, Royal Court Rules
Case Brief
Summary, issues, holding and outcome
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Parties
David Eves
Plaintiff
The Viscount
Defendant
Procedural Posture
Application for Leave to Appeal / Application for Leave to Appeal From Royal Court Order
Legal Issues
- 1 Whether leave to appeal should be granted against the Royal Court's refusal to enter judgment for the plaintiff under Rule 6/7(5) of the Royal Court Rules, 1992
Ratio Decidendi
Leave to appeal is refused because, under the clear terms of Rule 6/7(5) and established authority, judgment cannot be entered if an answer has been filed before the application is made, regardless of whether it was out of time.
Court Disposition
Application for leave to appeal refused
Full Case Text
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