Lydan Devs. v Medens [1992] JLR 135 (11 May 1992)
- Citation
- [1992] JLR 135
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Application for Summary Judgment
More details
- Posture
- Civil / Application for Summary Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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
02
Material facts
Parties
Lydan Developers
PlaintiffMedens
Defendant03
Procedural history
Posture
Civil / Application for Summary Judgment
04
Questions and positions
Legal issues
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
Party arguments
- Applicant
- Plaintiff seeks summary judgment on the basis that there is no reasonable doubt as to entitlement to judgment.
- Respondent
- Defendant contends that a substantial question of law or fact exists, warranting leave to defend.
05
Court’s reasoning
Legal principles
- 01
Royal Court Rules, 1982, r.6A/3
Leave to defend should be refused only if there is no reasonable doubt that the plaintiff is entitled to judgment; if the defendant raises a substantial question of law or fact, leave to defend should be granted.
06
Ratio, limits and disposition
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
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.
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Judgment text
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Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Lydan Devs. v Medens [1992] JLR 135 (11 May 1992) URL: https://www.bailii.org/je/cases/JLR/1992/JLR920135.html Cite as: [1992] JLR 135 [ New search ] [ Help ] Lydan Devs. v Medens 1992 JLR 135 (11 May 1992) Civil Procedure - judgments and orders - summary judgment - leave to defend-application under Royal Court Rules, 1982, r.6A/3 to be refused only if no reasonable doubt that plaintiff entitled to judgment-defendant raising substantial question of law or fact to be granted leave to defend 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: 1992 JLR 135 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1992/JLR920135.html
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