Enhorning v Nordic Link [1996] JLR 37 (20 February 1996)

Enhorning v Nordic Link [1996] JLR 37 (20 February 1996)

The court held that the Judicial Greffier retains the power to make a reference under r.6/19 in respect of parties not yet set down, and may order a separate trial of a preliminary issue under r.6/21(3) for parts of the action already set down.

Citation
[1996] JLR 37
Parties
Applicant: Enhorning; Respondent: Nordic Link
Jurisdiction
Jersey
Judgment Date
20 February 1996
Procedural Posture
Civil / Trial of Preliminary Issue
Outcome
application allowed
Legal Topics
Trial of Preliminary Issue, Setting Down for Trial, Reference by Judicial Greffier, Royal Court Rules 1992 R.6/19, Royal Court Rules 1992 R.6/21(3)
Civil Procedure Trial of Preliminary Issue Setting Down for Trial Reference by Judicial Greffier Royal Court Rules 1992 R.6/19 Royal Court Rules 1992 R.6/21(3)

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Parties

Enhorning

Applicant

Nordic Link

Respondent

Procedural Posture

Civil / Trial of Preliminary Issue

Legal Issues

  1. 1 Whether the Judicial Greffier may make a reference under Royal Court Rules 1992, r.6/19 when the action is set down for hearing between original parties but not yet as against parties joined later
  2. 2 Whether by r.6/21(3) a separate trial of a preliminary issue may be ordered in relation to parts of the action already set down

Ratio Decidendi

The court held that the Judicial Greffier retains the power to make a reference under r.6/19 in respect of parties not yet set down, and may order a separate trial of a preliminary issue under r.6/21(3) for parts of the action already set down.

Court Disposition

application allowed

Orders

  • Judicial Greffier may make reference under r.6/19 for parties not yet set down
  • Separate trial of preliminary issue may be ordered under r.6/21(3) for parts of action already set down