Hore v Valmorbida [2021] JRC 242 (30 September 2021)

Hore v Valmorbida [2021] JRC 242 (30 September 2021)

The Royal Court of Jersey has discretion to deliver a judgment after parties have settled post-trial but before judgment is handed down, particularly where issues of law of general importance or public interest are involved. In this case, the discretion should be exercised due to the significance of the legal issues...

Source-derived case information.

Citation
[2021] JRC 242
Parties
Plaintiff: First Plaintiff; Plaintiff: Second Plaintiff; Defendant: First Defendant (Mr Valmorbida); Defendant: Second Defendant
Jurisdiction
Jersey
Judgment Date
30 September 2021
Procedural Posture
Civil / Post Trial, Pre Judgment, After Settlement
Outcome
Judgment to be delivered and published notwithstanding settlement.
Legal Topics
Judicial Discretion to Deliver Judgment After Settlement, Fraudulent Misrepresentation, Waiver and Affirmation in Contract Law, Public Interest in Publication of Judgments
Civil Procedure Contract Law Fraud Judicial Discretion to Deliver Judgment After Settlement Fraudulent Misrepresentation Waiver and Affirmation in Contract Law Public Interest in Publication of Judgments

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Parties

First Plaintiff

Plaintiff

Second Plaintiff

Plaintiff

First Defendant (Mr Valmorbida)

Defendant

Second Defendant

Defendant

Procedural Posture

Civil / Post Trial, Pre Judgment, After Settlement

Legal Issues

  1. 1 Does the Court retain discretion to deliver judgment after parties settle post-trial but before judgment is handed down?
  2. 2 Should the Court exercise its discretion to deliver judgment in this case?

Ratio Decidendi

The Royal Court of Jersey has discretion to deliver a judgment after parties have settled post-trial but before judgment is handed down, particularly where issues of law of general importance or public interest are involved. In this case, the discretion should be exercised due to the significance of the legal issues and the public interest in exposing fraudulent conduct.

Court Disposition

Judgment to be delivered and published notwithstanding settlement.

Orders

  • Case papers to be transmitted to the Attorney General of Jersey for consideration of referral to the Director of Public Prosecution.
  • Judgment to be published in the public interest.