Lescroel v Le Vesconte [2007] JLR 273 (30 April 2007)
- Citation
- [2007] JLR 273
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Case Management
More details
- Posture
- Civil / Case Management
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The rule ensures timely and cost-effective conduct of litigation by allowing the court to strike out actions where the plaintiff has not acted with reasonable diligence or has failed to comply with procedural requirements without excuse.
Court disposition
not specified
02
Material facts
Parties
Lescroel
PlaintiffLe Vesconte
Defendant03
Procedural history
Posture
Civil / Case Management
04
Questions and positions
Legal issues
- 01
Whether an action may be struck out for failure to issue a summons for directions within the time limit under Royal Court Rules 2004, r.6/26(13)
- 02
What factors the court must consider before striking out such an action
Party arguments
- Applicant
- The plaintiff failed to issue a summons for directions within the prescribed time limit under the Royal Court Rules 2004, r.6/26(13).
- Respondent
- The plaintiff prosecuted the case with reasonable diligence, any failure to apply for a summons was excusable, and continuation of the action is in the interests of justice.
05
Court’s reasoning
Legal principles
- 01
Royal Court Rules 2004, r.6/26(13)
An action may be struck out for failure to issue a summons for directions within the time limit if the court is not satisfied that (i) the plaintiff prosecuted the case with reasonable diligence, (ii) the failure to apply for a summons is excusable, and (iii) continuation of the action is in the interests of justice.
06
Ratio, limits and disposition
Ratio decidendi
The rule ensures timely and cost-effective conduct of litigation by allowing the court to strike out actions where the plaintiff has not acted with reasonable diligence or has failed to comply with procedural requirements without excuse.
Court disposition
not specified
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Lescroel v Le Vesconte [2007] JLR 273 (30 April 2007) URL: https://www.bailii.org/je/cases/JLR/2007/JLR070273.html Cite as: [2007] JLR 273 [ New search ] [ Help ] Lescroel v Le Vesconte 2007 JLR 273 (30 April 2007) Civil Procedure-case management-directions for conduct of action-summons for directions-action may be struck out for failure to issue summons for directions within time limit under Royal Court Rules 2004, r.6/26(13), if Master/court not satisfied that (i) plaintiff otherwise prosecuted case with reasonable diligence, i.e. innocent of significant failure to conduct case expeditiously; (ii) failure to apply for summons excusable; and (iii) continuation of action in interests of justice-rule to ensure timely and cost-effective conduct of litigation 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: 2007 JLR 273 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2007/JLR070273.html
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