Jersey Judgment

In re Sinel v [2000] JLR 18 (27 January 2000)

Civil Procedure Pleading Striking Out Delay

Citation: [2000] JLR 18
Status: Judgment
Jurisdiction: Jersey
Posture: Civil / Application to Strike Out

More details

Posture: Civil / Application to Strike Out

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Holding and result

Applications to strike out pleadings for delay must be made promptly; the court is unlikely to entertain such applications if the delay appears to be a tactical manoeuvre.

Material facts

Parties

Sinel

Applicant

Procedural history

Posture

Civil / Application to Strike Out

Questions and positions

Legal issues

01
Whether an application to strike out a pleading for delay must be made timeously
02
Whether a delayed application to strike out may be refused if it is a tactical manoeuvre

Party arguments

Applicant: Application to strike out pleading due to delay.
Respondent: Application should not be heard if delay in making it is a tactical manoeuvre.

Court’s reasoning

Legal principles

01
[2000] JLR 18

Application to strike out for delay must be made timeously; doubtful whether court will hear if delay is a tactical manoeuvre.

Ratio, limits and disposition

Ratio decidendi

Applications to strike out pleadings for delay must be made promptly; the court is unlikely to entertain such applications if the delay appears to be a tactical manoeuvre.

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Judgment

[2000] JLR 18

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[2000] JLR 18

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