Lazard Bros v Bois & Bois [1987] JLR 639 (15 November 1988)

Lazard Bros v Bois & Bois [1987] JLR 639 (15 November 1988)

The court has discretion to require an affidavit in support of an application to strike out pleadings, but if the application is made solely on the ground that no reasonable cause of action or defence is disclosed, neither affidavit nor other evidence is admissible.

Citation
[1987] JLR 639
Parties
Applicant: Lazard Bros; Respondent: Bois & Bois
Jurisdiction
Jersey
Judgment Date
15 November 1988
Procedural Posture
Civil / Application to Strike Out Pleadings
Outcome
Application procedure clarified
Legal Topics
Pleading, Striking Out, Affidavit Requirement, Royal Court Rules 1982 R.6/13
Civil Procedure Pleading Striking Out Affidavit Requirement Royal Court Rules 1982 R.6/13

Case Brief

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Parties

Lazard Bros

Applicant

Bois & Bois

Respondent

Procedural Posture

Civil / Application to Strike Out Pleadings

Legal Issues

  1. 1 Whether an affidavit is required in support of an application to strike out pleadings under Royal Court Rules 1982, r.6/13 when the application is made on the ground that no reasonable cause of action or defence is disclosed.

Ratio Decidendi

The court has discretion to require an affidavit in support of an application to strike out pleadings, but if the application is made solely on the ground that no reasonable cause of action or defence is disclosed, neither affidavit nor other evidence is admissible.

Court Disposition

Application procedure clarified