Jersey Hotels Ltd. v Inglebert Properties Ltd. [1979] JLR 39 (19 February 1979)
A declaratory judgment cannot be granted on hypothetical facts; it may only be granted where future rights are certain to arise upon the occurrence of a contingency.
- Citation
- [1979] JLR 39
- Parties
- Applicant: Jersey Hotels Ltd.; Respondent: Inglebert Properties Ltd.
- Jurisdiction
- Jersey
- Judgment Date
- 19 February 1979
- Procedural Posture
- Civil / Judgment
- Outcome
- Declaratory judgment refused on hypothetical facts; may be granted if future rights are certain upon contingency.
- Legal Topics
- Declaratory Judgment, Future Rights, Hypothetical Facts
Case Brief
Summary, issues, holding and outcome
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Parties
Jersey Hotels Ltd.
Applicant
Inglebert Properties Ltd.
Respondent
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether a declaratory judgment can be granted based on hypothetical facts or only on future rights certain to arise upon a contingency
Ratio Decidendi
A declaratory judgment cannot be granted on hypothetical facts; it may only be granted where future rights are certain to arise upon the occurrence of a contingency.
Court Disposition
Declaratory judgment refused on hypothetical facts; may be granted if future rights are certain upon contingency.
Full Case Text
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