1998/28 - Eves v Viscount [1998] UR 28 (10 February 1998)

1998/28 - Eves v Viscount [1998] UR 28 (10 February 1998)

Leave to appeal is refused because Rule 6/7(5) requires that no answer has been filed at the time of application for judgment; since the answer was filed before the application, the requirements were not satisfied.

Citation
[1998] UR 28
Parties
Plaintiff: David Eves; Defendant: The Viscount
Jurisdiction
Jersey
Judgment Date
10 February 1998
Procedural Posture
Application for Leave to Appeal / Court of Appeal Application for Leave to Appeal From Royal Court Order
Outcome
Application for leave to appeal refused
Legal Topics
Leave to Appeal, Default Judgment, Royal Court Rules
Civil Procedure Leave to Appeal Default Judgment Royal Court Rules

Case Brief

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Parties

David Eves

Plaintiff

The Viscount

Defendant

Procedural Posture

Application for Leave to Appeal / Court of Appeal Application for Leave to Appeal From Royal Court Order

Legal Issues

  1. 1 Whether leave to appeal should be granted against the Royal Court's refusal to grant judgment under Rule 6/7(5)
  2. 2 Interpretation of Rule 6/7(5) regarding timing of answer filing

Ratio Decidendi

Leave to appeal is refused because Rule 6/7(5) requires that no answer has been filed at the time of application for judgment; since the answer was filed before the application, the requirements were not satisfied.

Court Disposition

Application for leave to appeal refused

Orders

  • Leave to appeal is refused