J v G Ltd. [2005] JLR 338 (30 June 2005)
- Citation
- [2005] JLR 338
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Interim Application
More details
- Posture
- Civil / Interim Application
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court must first be satisfied that the plaintiff would obtain judgment for substantial damages at trial before considering the quantum of any interim payment; previous without prejudice voluntary interim payments are not to be disclosed at the liability stage.
Court disposition
Application for interim payment considered in two stages as per rules.
02
Material facts
Parties
J
PlaintiffG Ltd.
Defendant03
Procedural history
Posture
Civil / Interim Application
04
Questions and positions
Legal issues
- 01
Whether the court should order an interim payment of damages under Royal Court Rules 2004, r.8/2(1)(c)
- 02
Whether the court is satisfied the plaintiff would obtain judgment for substantial damages at trial
- 03
How quantum of interim payment should be determined
Party arguments
- Applicant
- The plaintiff seeks an interim payment of damages under Royal Court Rules 2004, r.8/2(1)(c), arguing entitlement to substantial damages at trial.
- Respondent
- The defendant contests the application, likely disputing liability and/or the quantum of any interim payment.
05
Court’s reasoning
Legal principles
- 01
Royal Court Rules 2004, r.8/2(1)(c)
Application for interim payment under r.8/2(1)(c) is considered in two stages: (a) whether the court is satisfied the plaintiff would obtain judgment for substantial damages at trial; (b) if so, the quantum of payment.
- 02
Royal Court Rules 2004, r.8/6
The first stage involves a question or issue as to liability, and previous without prejudice voluntary interim payments are not to be disclosed to the court under r.8/6.
06
Ratio, limits and disposition
Ratio decidendi
The court must first be satisfied that the plaintiff would obtain judgment for substantial damages at trial before considering the quantum of any interim payment; previous without prejudice voluntary interim payments are not to be disclosed at the liability stage.
Obiter and limits
- Previous voluntary interim payments may be considered at the quantum stage.
Court disposition
Application for interim payment considered in two stages as per rules.
Source and reliance status
Official court record
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Judgment text
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Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> J v G Ltd. [2005] JLR 338 (30 June 2005) URL: https://www.bailii.org/je/cases/JLR/2005/JLR050338.html Cite as: [2005] JLR 338 [ New search ] [ Help ] J v G Ltd. 2005 JLR 338 (30 June 2005) Civil Procedure-interim payment of damages-application for interim payment-application under Royal Court Rules 2004, r.8/2(1)(c) considered in two stages: (a) whether court satisfied plaintiff would obtain judgment for substantial damages at trial; and (b) if so, quantum of payment-first stage involves "question or issue as to liability" and previous without prejudice voluntary interim payments not to be disclosed to court under r.8/6-may be considered in second stage 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: 2005 JLR 338 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2005/JLR050338.html
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