Hacon v Olsen, Backhurst & Dorey [1998] JLR_Note 9b (27 November 1998)
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Collateral Attack on Subsisting Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that a collateral attack on a subsisting judgment is not permissible unless the applicant can demonstrate exceptional circumstances supported by fresh evidence.
Court disposition
application dismissed
02
Material facts
Parties
Hacon
ApplicantOlsen, Backhurst & Dorey
Respondent03
Procedural history
Posture
Civil / Collateral Attack on Subsisting Judgment
04
Questions and positions
Legal issues
Whether a collateral attack on a subsisting judgment is permissible based on fresh evidence
Party arguments
- Applicant
- Applicant seeks to challenge an existing judgment by presenting fresh evidence.
- Respondent
- Respondent opposes the collateral attack, relying on the finality of the subsisting judgment.
05
Court’s reasoning
Legal principles
- 01
Jersey civil procedure jurisprudence
Collateral attacks on subsisting judgments are generally not permitted unless exceptional circumstances are demonstrated by fresh evidence.
06
Ratio, limits and disposition
Ratio decidendi
The court held that a collateral attack on a subsisting judgment is not permissible unless the applicant can demonstrate exceptional circumstances supported by fresh evidence.
Court disposition
application dismissed
Source and reliance status
Official court record
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Judgment text
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Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Hacon v Olsen, Backhurst & Dorey [1998] JLR_Note 9b (27 November 1998) URL: https://www.bailii.org/je/cases/JLR/1998/JLR98N009b.html Cite as: [1998] JLR_Note 9b [ New search ] [ Help ] Hacon v Olsen, Backhurst & Dorey 1998 JLR Note 9b (27 November 1998) CHOSE JUGEE- collateral attack on subsisting judgment-fresh evidence 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: 1998 JLR Note 9b BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1998/JLR98N009b.html
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