Lydan Devs. v Medens [1992] JLR 135 (11 May 1992)
Leave to defend must be granted if the defendant raises a substantial question of law or fact; summary judgment is only appropriate where there is no reasonable doubt as to the plaintiff's entitlement to judgment.
- Citation
- [1992] JLR 135
- Parties
- Plaintiff: Lydan Developers; Defendant: Medens
- Jurisdiction
- Jersey
- Judgment Date
- 11 May 1992
- Procedural Posture
- Civil / Application for Summary Judgment
- Outcome
- leave to defend granted
- Legal Topics
- Summary Judgment, Leave to Defend
Case Brief
Summary, issues, holding and outcome
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Parties
Lydan Developers
Plaintiff
Medens
Defendant
Procedural Posture
Civil / Application for Summary Judgment
Legal Issues
- 1 Whether leave to defend should be granted under Royal Court Rules, 1982, r.6A/3 when defendant raises a substantial question of law or fact
Ratio Decidendi
Leave to defend must be granted if the defendant raises a substantial question of law or fact; summary judgment is only appropriate where there is no reasonable doubt as to the plaintiff's entitlement to judgment.
Court Disposition
leave to defend granted
Full Case Text
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