Hacon v Olsen, Backhurst & Dorey [1998] JLR_Note 9b (27 November 1998)
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.
- Parties
- Applicant: Hacon; Respondent: Olsen, Backhurst & Dorey
- Jurisdiction
- Jersey
- Judgment Date
- 27 November 1998
- Procedural Posture
- Civil / Collateral Attack on Subsisting Judgment
- Outcome
- application dismissed
- Legal Topics
- Collateral Attack, Fresh Evidence
Case Brief
Summary, issues, holding and outcome
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Parties
Hacon
Applicant
Olsen, Backhurst & Dorey
Respondent
Procedural Posture
Civil / Collateral Attack on Subsisting Judgment
Legal Issues
- 1 Whether a collateral attack on a subsisting judgment is permissible based on fresh evidence
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
Full Case Text
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