In re Key Trust v [2003] JLR 437 (12 August 2003)
- Citation
- [2003] JLR 437
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Judgment
More details
- Posture
- Civil / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
It is likely to be an abuse of process to raise in Jersey proceedings issues that were available but not raised in previous foreign parallel proceedings.
Court disposition
Application dismissed
Orders
- Issues not to be raised in Jersey proceedings
02
Material facts
Parties
Key Trust
Applicant03
Procedural history
Posture
Civil / Judgment
04
Questions and positions
Legal issues
- 01
Whether issues available in foreign parallel proceedings but not raised there can be raised in later Jersey proceedings
- 02
Whether raising such issues constitutes an abuse of process
Party arguments
- Applicant
- Applicant sought to raise issues in Jersey proceedings that were available but not raised in prior foreign parallel proceedings.
- Respondent
- Respondent contended that raising such issues in Jersey constituted an abuse of process due to estoppel and chose jugee principles.
05
Court’s reasoning
Legal principles
- 01
Jersey common law; doctrine of estoppel and chose jugee
If issues were available in previous foreign proceedings but not raised, it is likely to be an abuse of process to raise them in later Jersey proceedings.
06
Ratio, limits and disposition
Ratio decidendi
It is likely to be an abuse of process to raise in Jersey proceedings issues that were available but not raised in previous foreign parallel proceedings.
Court disposition
Application dismissed
- Issues not to be raised in Jersey proceedings
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [
DONATE ] Jersey Law Reports You are here:
BAILII >> Databases >> Jersey Law Reports >> In re Key Trust v [2003] JLR 437 (12 August 2003) URL: https://www.bailii.org/je/cases/JLR/2003/JLR030437.html Cite as: [2003] JLR 437 [ New search ] [ Help ] In re Key Trust v 2003 JLR 437 (12 August 2003) Estoppel-chose jugee-issues available in previous proceedings-if issues available in foreign parallel proceedings but not raised there, likely to be abuse of process to raise them in later Jersey proceedings 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: 2003 JLR 437 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2003/JLR030437.html
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.