Eves v Le Main [1999] JLR 44 (22 January 1999)
- Citation
- [1999] JLR 44
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Application to Strike Out; Hearing in Absence of Plaintiff
More details
- Posture
- Civil / Application to Strike Out; Hearing in Absence of Plaintiff
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
It is not a denial of justice nor a breach of Article 6(1) ECHR to hear a defendant's strike-out application in the absence of the plaintiff if the plaintiff was properly notified of the hearing; the court retains discretion not to hold the hearing, for example, if the plaintiff is genuinely absent from the Island and likely to appeal.
Court disposition
application to strike out may be heard in absence of plaintiff if properly notified; no breach of ECHR art. 6(1)
02
Material facts
Parties
Eves
PlaintiffLe Main
Defendant03
Procedural history
Posture
Civil / Application to Strike Out; Hearing in Absence of Plaintiff
04
Questions and positions
Legal issues
- 01
Whether it is a denial of justice to hear a defendant's strike-out application in the absence of the plaintiff if the plaintiff was properly notified of the hearing
- 02
Whether such a hearing breaches Article 6(1) of the European Convention on Human Rights
Party arguments
- Applicant
- The defendant argued that the strike-out application could be heard in the plaintiff's absence if the plaintiff was properly notified of the time of hearing.
- Respondent
- The plaintiff contended that hearing the application in their absence would amount to a denial of justice and breach Article 6(1) of the European Convention on Human Rights.
05
Court’s reasoning
Legal principles
- 01
Jersey civil procedure
A court may hear a strike-out application in the absence of a party if that party was properly notified of the time of hearing.
- 02
European Convention on Human Rights, art. 6(1)
There is no breach of Article 6(1) of the European Convention on Human Rights in such circumstances.
06
Ratio, limits and disposition
Ratio decidendi
It is not a denial of justice nor a breach of Article 6(1) ECHR to hear a defendant's strike-out application in the absence of the plaintiff if the plaintiff was properly notified of the hearing; the court retains discretion not to hold the hearing, for example, if the plaintiff is genuinely absent from the Island and likely to appeal.
Obiter and limits
- The court has discretion not to hold the hearing, for example, if the plaintiff is genuinely absent from the Island and likely to appeal.
Court disposition
application to strike out may be heard in absence of plaintiff if properly notified; no breach of ECHR art. 6(1)
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Eves v Le Main [1999] JLR 44 (22 January 1999) URL: https://www.bailii.org/je/cases/JLR/1999/JLR990044.html Cite as: [1999] JLR 44 [ New search ] [ Help ] Eves v Le Main 1999 JLR 44 (22 January 1999) Civil Procedure - appearance - non-appearance of party - no denial of justice to hear defendant's strike-out application in absence of plaintiff if properly notified of time of hearing-no breach of European Convention on Human Rights, art. 6(1)-court has discretion not to hold hearing, e.g. if plaintiff genuinely absent from Island and likely to appeal The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1999 JLR 44 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1999/JLR990044.html
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