Jersey Judgment

In re Esteem Settlement v [2000] JLR 119 (14 April 2000)

Civil Procedure Pleading Striking Out Cause of Action

Citation: [2000] JLR 119
Status: Judgment
Jurisdiction: Jersey
Posture: Civil / Application to Strike Out Pleading

More details

Posture: Civil / Application to Strike Out Pleading

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Source document

Holding and result

A pleading is not to be struck out unless it is plain and obvious that the claim will not succeed; weakness of the case is not a ground for striking out if the pleading discloses a cause of action or raises a question fit for decision, particularly in uncertain and developing fields of law.

Court disposition

application to strike out refused

Material facts

Parties

Esteem Settlement

Applicant

Procedural history

Posture

Civil / Application to Strike Out Pleading

Questions and positions

Legal issues

When should a pleading be struck out in civil procedure?

Party arguments

Applicant: The pleading should be struck out as it does not disclose a viable cause of action.
Respondent: The pleading should not be struck out if it discloses a cause of action or raises a question fit for decision, even if the case appears weak.

Court’s reasoning

Legal principles

01
[2000] JLR 119

A pleading should only be struck out if it is plain and obvious that the claim will not succeed. If the pleading discloses a cause of action or raises a question fit for decision, it should not be struck out, especially in uncertain and developing areas of law.

Ratio, limits and disposition

Ratio decidendi

A pleading is not to be struck out unless it is plain and obvious that the claim will not succeed; weakness of the case is not a ground for striking out if the pleading discloses a cause of action or raises a question fit for decision, particularly in uncertain and developing fields of law.

Court disposition

application to strike out refused

Source and reliance status

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Judgment

[2000] JLR 119

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