In re Key Trust v [2003] JLR 437 (12 August 2003)
It is likely to be an abuse of process to raise in Jersey proceedings issues that were available but not raised in previous foreign parallel proceedings.
- Citation
- [2003] JLR 437
- Parties
- Applicant: Key Trust
- Jurisdiction
- Jersey
- Judgment Date
- 12 August 2003
- Procedural Posture
- Civil / Judgment
- Outcome
- Application dismissed
- Legal Topics
- Estoppel, Chose Jugee, Abuse of Process, Parallel Proceedings
Case Brief
Summary, issues, holding and outcome
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Parties
Key Trust
Applicant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether issues available in foreign parallel proceedings but not raised there can be raised in later Jersey proceedings
- 2 Whether raising such issues constitutes an abuse of process
Ratio Decidendi
It is likely to be an abuse of process to raise in Jersey proceedings issues that were available but not raised in previous foreign parallel proceedings.
Court Disposition
Application dismissed
Orders
- Issues not to be raised in Jersey proceedings
Full Case Text
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