In re Esteem Settlement v [2000] JLR 119 (14 April 2000)

In re Esteem Settlement v [2000] JLR 119 (14 April 2000)

A pleading is not to be struck out unless it is plain and obvious that the claim will not succeed; weakness of the case is not a ground for striking out if the pleading discloses a cause of action or raises a question fit for decision, particularly in uncertain and developing fields of law.

Citation
[2000] JLR 119
Parties
Applicant: Esteem Settlement
Jurisdiction
Jersey
Judgment Date
14 April 2000
Procedural Posture
Civil / Application to Strike Out Pleading
Outcome
application to strike out refused
Legal Topics
Pleading, Striking Out, Cause of Action
Civil Procedure Pleading Striking Out Cause of Action

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2
Sign in to unlock

Parties

Esteem Settlement

Applicant

Procedural Posture

Civil / Application to Strike Out Pleading

Legal Issues

  1. 1 When should a pleading be struck out in civil procedure?

Ratio Decidendi

A pleading is not to be struck out unless it is plain and obvious that the claim will not succeed; weakness of the case is not a ground for striking out if the pleading discloses a cause of action or raises a question fit for decision, particularly in uncertain and developing fields of law.

Court Disposition

application to strike out refused