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

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

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.

Citation
[2005] JLR 338
Parties
Plaintiff: J; Defendant: G Ltd.
Jurisdiction
Jersey
Judgment Date
30 June 2005
Procedural Posture
Civil / Interim Application
Outcome
Application for interim payment considered in two stages as per rules.
Legal Topics
Interim Payment of Damages, Royal Court Rules 2004 R.8/2(1)(c)
Civil Procedure Interim Payment of Damages Royal Court Rules 2004 R.8/2(1)(c)

Case Brief

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Parties

J

Plaintiff

G Ltd.

Defendant

Procedural Posture

Civil / Interim Application

Legal Issues

  1. 1 Whether the court should order an interim payment of damages under Royal Court Rules 2004, r.8/2(1)(c)
  2. 2 Whether the court is satisfied the plaintiff would obtain judgment for substantial damages at trial
  3. 3 How quantum of interim payment should be determined

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.

Court Disposition

Application for interim payment considered in two stages as per rules.