1998/158 - Le Boutillier v Maguire and Maguire [1998] UR 158 (20 July 1998)

1998/158 - Le Boutillier v Maguire and Maguire [1998] UR 158 (20 July 1998)

It was inappropriate to strike out the action before both parties had pleaded on the issue of prescription; the plaintiff should not be forced to reveal evidence at this stage, but must provide factual basis in reply after the third defendant pleads prescription.

Citation
[1998] UR 158
Parties
Plaintiff: John Anthony Le Boutillier; First Defendant: Jane Maguire; Second Defendant: Alan Maguire; Third Defendant: The Education Committee of the States of Jersey
Jurisdiction
Jersey
Judgment Date
20 July 1998
Procedural Posture
Tort / Interlocutory Application to Strike Out Against Third Defendant
Outcome
Application to strike out adjourned pending pleadings on prescription
Legal Topics
Prescription, Striking Out Applications, Pleadings
Civil Procedure Tort Prescription Striking Out Applications Pleadings

Case Brief

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Parties

John Anthony Le Boutillier

Plaintiff

Jane Maguire

First Defendant

Alan Maguire

Second Defendant

The Education Committee of the States of Jersey

Third Defendant

Procedural Posture

Tort / Interlocutory Application to Strike Out Against Third Defendant

Legal Issues

  1. 1 Whether the action against the third defendant should be struck out on the basis of prescription before pleadings on prescription are filed

Ratio Decidendi

It was inappropriate to strike out the action before both parties had pleaded on the issue of prescription; the plaintiff should not be forced to reveal evidence at this stage, but must provide factual basis in reply after the third defendant pleads prescription.

Court Disposition

Application to strike out adjourned pending pleadings on prescription

Orders

  • Both parties to file pleadings on the issue of prescription before further hearing of the strike out application