Jersey Judgment

J v G Ltd. [2005] JLR 338 (30 June 2005)

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Source document

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

Plaintiff

G Ltd.

Defendant

03

Procedural history

  1. Posture

    Civil / Interim Application

04

Questions and positions

Legal issues

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

  1. 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.

  2. 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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Source document

Court record

Judgment

[2005] JLR 338

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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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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Royal Court Rules 2004 r.8/2(1)(c)

Legislation

Legislation referenced in the available case record.

Royal Court Rules 2004 r.8/6

Legislation

Legislation referenced in the available case record.

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