In re Key Trust v [2003] JLR 437 (12 August 2003)

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

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Parties

Key Trust

Applicant

Procedural Posture

Civil / Judgment

  1. 1 Whether issues available in foreign parallel proceedings but not raised there can be raised in later Jersey proceedings
  2. 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