JFSC -v- A.P. Black (J) Ltd and ors [2005] JRC 119A (25 August 2005)

JFSC -v- A.P. Black (J) Ltd and ors [2005] JRC 119A (25 August 2005)

It would be unfair and an abuse of process to retain Mrs. Black as a respondent due to the late stage of her joinder, the uncertainty regarding her involvement, and her inability to join former respondents as third parties for contribution or indemnity. The potential injustice to Mrs. Black outweighs the Commission's interest in pursuing her as a respondent at this stage.

Citation
[2005] JRC 119A
Parties
Applicant: Jersey Financial Services Commission; First Respondent: A. P. Blacks (Jersey) Limited; Third Respondent: Alistair Pollock Pedersen Black; Respondent: A. P. Black Limited; Sixth Respondent: Elia Anneli Black; Former Second Respondent: Cater Allen Trust Company (Jersey) Limited; Former Fourth Respondent: Peter Stuart Langton
Jurisdiction
Jersey
Judgment Date
25 August 2005
Procedural Posture
Civil / Interlocutory Application to Strike Out Claim Against Sixth Respondent
Outcome
Claim against Mrs. Black struck out as an abuse of process; she is removed as a respondent.
Legal Topics
Abuse of Process, Joinder of Parties, Collective Investment Funds, Delay in Proceedings, Third Party Claims
Financial Regulation Civil Procedure Abuse of Process Joinder of Parties Collective Investment Funds Delay in Proceedings Third Party Claims

Case Brief

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Parties

Jersey Financial Services Commission

Applicant

A. P. Blacks (Jersey) Limited

First Respondent

Alistair Pollock Pedersen Black

Third Respondent

A. P. Black Limited

Respondent

Elia Anneli Black

Sixth Respondent

Cater Allen Trust Company (Jersey) Limited

Former Second Respondent

Peter Stuart Langton

Former Fourth Respondent

Procedural Posture

Civil / Interlocutory Application to Strike Out Claim Against Sixth Respondent

Legal Issues

  1. 1 Whether the claim against Mrs. Black should be struck out as an abuse of process or for unfair prejudice due to late joinder and inability to join third parties
  2. 2 Whether Mrs. Black's joinder at a late stage is fair and just given the circumstances
  3. 3 Whether Mrs. Black should be permitted to join former respondents as third parties

Ratio Decidendi

It would be unfair and an abuse of process to retain Mrs. Black as a respondent due to the late stage of her joinder, the uncertainty regarding her involvement, and her inability to join former respondents as third parties for contribution or indemnity. The potential injustice to Mrs. Black outweighs the Commission's interest in pursuing her as a respondent at this stage.

Court Disposition

Claim against Mrs. Black struck out as an abuse of process; she is removed as a respondent.

Orders

  • Proceedings against Mrs. Black are struck out.
  • Mrs. Black is removed as a respondent to the action.