Jersey Judgment

Leeds Utd. v Weston [2011] JLR 749 (28 September 2011)

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Source document

01

Holding and result

An application to stay Jersey proceedings is not too late if made promptly after the conclusion of related Jersey proceedings and at a comparatively early stage, i.e., after pleadings are filed but before discovery and setting down for trial.

Court disposition

Application not too late if made promptly after conclusion of related proceedings and at early stage

02

Material facts

Parties

Leeds United

Applicant

Weston

Respondent

03

Procedural history

  1. Posture

    Civil / Interlocutory Application

04

Questions and positions

Legal issues

Party arguments

Applicant
The application to stay proceedings was made promptly after the conclusion of related Jersey proceedings and at a comparatively early stage, after pleadings but before discovery and setting down for trial.
Respondent
Delay in making the application should weigh heavily against granting a stay.

05

Court’s reasoning

  1. 01

    [2011] JLR 749

    An application to stay proceedings on forum conveniens grounds must be made promptly; delay is an extremely significant factor in the exercise of the court's discretion.

06

Ratio, limits and disposition

Ratio decidendi

An application to stay Jersey proceedings is not too late if made promptly after the conclusion of related Jersey proceedings and at a comparatively early stage, i.e., after pleadings are filed but before discovery and setting down for trial.

Court disposition

Application not too late if made promptly after conclusion of related proceedings and at early stage

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[2011] JLR 749

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BAILII >> Databases >> Jersey Law Reports >> Leeds Utd. v Weston [2011] JLR 749 (28 September 2011) URL: https://www.bailii.org/je/cases/JLR/2011/JLR110749.html Cite as: [2011] JLR 749 [ New search ] [ Help ] Leeds Utd. v Weston 2011 JLR 749 (28 September 2011) Conflict of Laws-jurisdiction-forum conveniens-stay of proceedings-time to apply-application to stay Jersey proceedings to be made promptly-delay may be extremely significant factor in exercise of court's discretion-application not too late if made promptly after conclusion of related Jersey proceedings and at comparatively early stage, i.e. after pleadings filed but before discovery and setting down for trial The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2011 JLR 749 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2011/JLR110749.html

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