Eves v Le Main [1999] JLR 44 (22 January 1999)

Eves v Le Main [1999] JLR 44 (22 January 1999)

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.

Citation
[1999] JLR 44
Parties
Plaintiff: Eves; Defendant: Le Main
Jurisdiction
Jersey
Judgment Date
22 January 1999
Procedural Posture
Civil / Application to Strike Out; Hearing in Absence of Plaintiff
Outcome
application to strike out may be heard in absence of plaintiff if properly notified; no breach of ECHR art. 6(1)
Legal Topics
Appearance, Non Appearance of Party, Strike Out Application, Right to Fair Hearing
Civil Procedure Appearance Non Appearance of Party Strike Out Application Right to Fair Hearing

Case Brief

Summary, issues, holding and outcome

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Parties

Eves

Plaintiff

Le Main

Defendant

Procedural Posture

Civil / Application to Strike Out; Hearing in Absence of Plaintiff

Legal Issues

  1. 1 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
  2. 2 Whether such a hearing breaches Article 6(1) of the European Convention on Human Rights

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.

Court Disposition

application to strike out may be heard in absence of plaintiff if properly notified; no breach of ECHR art. 6(1)