Jersey Judgment

In re Carlston v [1995] JLR_Note 2a (06 June 1995)

Civil Procedure Nature of Proceedings

Status: Judgment
Jurisdiction: Jersey
Posture: Application for Declaration / Preliminary

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Professional case brief

Research organized from the available case record

Source document

Holding and result

The court held that an application for declaration does not constitute an 'action'.

Court disposition

Application granted

Orders

Declaration issued that application is not an action

Material facts

Parties

Carlston

Applicant

Procedural history

Posture

Application for Declaration / Preliminary

Questions and positions

Legal issues

Whether an application for declaration constitutes an 'action'

Party arguments

Applicant: Application seeks a declaration and is not an action.

Court’s reasoning

Legal principles

01
In re Carlston v [1995] JLR_Note 2a

An application for declaration is not an 'action'.

Ratio, limits and disposition

Ratio decidendi

The court held that an application for declaration does not constitute an 'action'.

Court disposition

Application granted

Declaration issued that application is not an action

Source and reliance status

Official court record

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Source document

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Judgment text

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Source document

Court record

Judgment

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