Lescroel v Le Vesconte [2007] JLR 273 (30 April 2007)

Lescroel v Le Vesconte [2007] JLR 273 (30 April 2007)

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.

Citation
[2007] JLR 273
Parties
Plaintiff: Lescroel; Defendant: Le Vesconte
Jurisdiction
Jersey
Judgment Date
30 April 2007
Procedural Posture
Civil / Case Management
Outcome
not specified
Legal Topics
Case Management, Directions for Conduct of Action, Striking Out Actions, Royal Court Rules 2004 R.6/26(13)
Civil Procedure Case Management Directions for Conduct of Action Striking Out Actions Royal Court Rules 2004 R.6/26(13)

Case Brief

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Parties

Lescroel

Plaintiff

Le Vesconte

Defendant

Procedural Posture

Civil / Case Management

Legal Issues

  1. 1 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)
  2. 2 What factors the court must consider before striking out such an action

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