Eves v Hambros Bank [1998] JLR 350 (15 October 1998)

Eves v Hambros Bank [1998] JLR 350 (15 October 1998)

The court must balance the need to prevent vexatious litigation with the risk that genuine claims may be stifled if a stay is granted, especially where impecuniosity is alleged to be caused by the defendant.

Citation
[1998] JLR 350
Parties
Plaintiff: Eves; Defendant: Hambros Bank
Jurisdiction
Jersey
Judgment Date
15 October 1998
Procedural Posture
Civil / Interlocutory
Outcome
Stay may be granted subject to consideration of vexatious behaviour and risk of stifling genuine claims.
Legal Topics
Costs, Vexatious Litigant, Stay of Proceedings
Civil Procedure Costs Vexatious Litigant Stay of Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Eves

Plaintiff

Hambros Bank

Defendant

Procedural Posture

Civil / Interlocutory

Legal Issues

  1. 1 Whether proceedings brought on similar subject-matter as previous claim may be stayed until costs of earlier proceedings are paid
  2. 2 Whether court should consider vexatious behaviour of plaintiff and risk of stifling genuine parts of claim if stay granted

Ratio Decidendi

The court must balance the need to prevent vexatious litigation with the risk that genuine claims may be stifled if a stay is granted, especially where impecuniosity is alleged to be caused by the defendant.

Court Disposition

Stay may be granted subject to consideration of vexatious behaviour and risk of stifling genuine claims.