JTC (Jersey) Limited v Fanning and Anor [2023] JRC 122 (17 July 2023)

JTC (Jersey) Limited v Fanning and Anor [2023] JRC 122 (17 July 2023)

The Defendants failed to provide any evidence or particulars supporting their defences. The contractual terms permit charging for services beyond Appendix A, and the fees are recoverable. No realistic prospect of success exists for the Defendants; summary judgment is granted.

Citation
[2023] JRC 122
Parties
Plaintiff: JTC (Jersey) Limited; First Defendant: Mr Fanning; Second Defendant: Red Cedar Limited
Jurisdiction
Jersey
Judgment Date
17 July 2023
Procedural Posture
Civil / Summary Judgment Application
Outcome
Summary judgment granted for the Plaintiff against both Defendants.
Legal Topics
Summary Judgment, Supply of Goods and Services, Contractual Interpretation, Fee Recovery
Contract Law Civil Procedure Summary Judgment Supply of Goods and Services Contractual Interpretation Fee Recovery

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

JTC (Jersey) Limited

Plaintiff

Mr Fanning

First Defendant

Red Cedar Limited

Second Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the Defendants have a realistic prospect of successfully defending the claim for unpaid invoices
  2. 2 Whether the Plaintiff is entitled to charge for services beyond those listed in Appendix A
  3. 3 Whether the fees charged are reasonable and recoverable under the contract and the Supply of Goods and Services (Jersey) Law 2009

Ratio Decidendi

The Defendants failed to provide any evidence or particulars supporting their defences. The contractual terms permit charging for services beyond Appendix A, and the fees are recoverable. No realistic prospect of success exists for the Defendants; summary judgment is granted.

Court Disposition

Summary judgment granted for the Plaintiff against both Defendants.

Orders

  • Plaintiff awarded £129,891.87 against First and Second Defendants.
  • Plaintiff to attend before Bailiff's Judicial Secretary within 7 days to fix a date for further proceedings regarding the arrêt entre mains provisoire.