1998/136 - Le Boutillier v Education Committee and ors [1998] UR 136 (26 June 1998)

1998/136 - Le Boutillier v Education Committee and ors [1998] UR 136 (26 June 1998)

The court held that it was inappropriate to strike out the action before the parties had pleaded on the issue of prescription; the Plaintiff should only be required to provide details of the factual basis for avoiding prescription after the Third Defendant has pleaded prescription.

Citation
[1998] UR 136
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
26 June 1998
Procedural Posture
Tort / Application to Strike Out (procedural Interlocutory)
Outcome
Application for strike out adjourned; parties to file pleadings on prescription.
Legal Topics
Prescription (limitation of Actions), Striking Out Applications
Civil Procedure Tort Prescription (limitation of Actions) Striking Out Applications

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 / Application to Strike Out (procedural Interlocutory)

Legal Issues

  1. 1 Whether the action against the Third Defendant should be struck out on the basis of prescription (limitation period) before pleadings on prescription are filed

Ratio Decidendi

The court held that it was inappropriate to strike out the action before the parties had pleaded on the issue of prescription; the Plaintiff should only be required to provide details of the factual basis for avoiding prescription after the Third Defendant has pleaded prescription.

Court Disposition

Application for strike out adjourned; parties to file pleadings on prescription.

Orders

  • Further hearing of the striking out application adjourned pending filing of pleadings on prescription by both parties.