Jersey Cheshire Home v Rothwell [1990] JLR 110 (04 June 1990)

Jersey Cheshire Home v Rothwell [1990] JLR 110 (04 June 1990)

Leave to file an answer out of time may be granted to a third party if no judgment has been obtained against him by the convening defendant, and no judgment arises by implication under the relevant rule.

Source-derived case information.

Citation
[1990] JLR 110
Parties
Plaintiff: Jersey Cheshire Home; Defendant: Rothwell
Jurisdiction
Jersey
Judgment Date
04 June 1990
Procedural Posture
Civil / Application for Extension of Time to File Answer by Third Party
Outcome
leave granted to file answer out of time
Legal Topics
Pleading, Extension of Time, Third Party Procedure
Civil Procedure Pleading Extension of Time Third Party Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Jersey Cheshire Home

Plaintiff

Rothwell

Defendant

Procedural Posture

Civil / Application for Extension of Time to File Answer by Third Party

Legal Issues

  1. 1 Whether a third party may be granted leave to file an answer out of time if judgment has not been obtained against him by the convening defendant
  2. 2 Whether judgment arises by implication under Royal Court Rules, 1982, r.6/10(4)(a)

Ratio Decidendi

Leave to file an answer out of time may be granted to a third party if no judgment has been obtained against him by the convening defendant, and no judgment arises by implication under the relevant rule.

Court Disposition

leave granted to file answer out of time

Orders

  • third party granted leave to file answer out of time