Marett -v- Marett [2014] JRC 213 (07 November 2014)

Marett -v- Marett [2014] JRC 213 (07 November 2014)

Jonathan is bound by the Mediation Agreement, which was reached with independent legal advice and not challenged for undue influence; therefore, his counterclaim is doomed to failure and Stephen is entitled to possession of the property. Estoppel does not apply as the original assurance was compromised by the Mediation Agreement.

Citation
[2014] JRC 213
Parties
Appellant: Jonathan Marett; Respondent: Stephen Marett
Jurisdiction
Jersey
Judgment Date
07 November 2014
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Possession Proceedings, Summary Judgment, Strike Out, Undue Influence, Estoppel, Mediation Agreements, Abuse of Process
Property Law Contract Law Family Law Possession Proceedings Summary Judgment Strike Out Undue Influence Estoppel +2 more

Case Brief

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Parties

Jonathan Marett

Appellant

Stephen Marett

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the counterclaim should be struck out as vexatious or an abuse of process
  2. 2 Whether summary judgment should be granted for possession of the property
  3. 3 Whether the August 2010 Agreement and asset transfers were induced by undue influence

Ratio Decidendi

Jonathan is bound by the Mediation Agreement, which was reached with independent legal advice and not challenged for undue influence; therefore, his counterclaim is doomed to failure and Stephen is entitled to possession of the property. Estoppel does not apply as the original assurance was compromised by the Mediation Agreement.

Court Disposition

appeal dismissed

Orders

  • date for possession varied to 15th July
  • Jonathan to pay costs on standard basis