Booth v Viscount [2023] JRC 055 (12 April 2023)

Booth v Viscount [2023] JRC 055 (12 April 2023)

Mr Booth is not estopped from challenging the Viscount's November 2022 decision regarding the 2013 King's Oak Valuation as it was not part of the previous litigation, and it is not plain and obvious that his claim is unarguable; the claim is not struck out but must be properly particularised.

Citation
[2023] JRC 055
Parties
Plaintiff: Mr Booth; Defendant: Viscount
Jurisdiction
Jersey
Judgment Date
12 April 2023
Procedural Posture
Strike Out Application / Interlocutory
Outcome
Application to strike out dismissed, directions given for further particulars and clarification.
Legal Topics
Strike Out Applications, Cause of Action Estoppel, Issue Estoppel, Abuse of Process, Assignment of Claims, Supervisory Jurisdiction, Collateral Attack, Human Rights (jersey) Law 2000
Civil Procedure Insolvency Human Rights Strike Out Applications Cause of Action Estoppel Issue Estoppel Abuse of Process Assignment of Claims +3 more

Case Brief

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Parties

Mr Booth

Plaintiff

Viscount

Defendant

Procedural Posture

Strike Out Application / Interlocutory

Legal Issues

  1. 1 Whether the 2023 Order of Justice should be struck out as an abuse of process, disclosing no reasonable cause of action, or as scandalous, frivolous, or vexatious
  2. 2 Whether cause of action estoppel or issue estoppel applies to bar the claim
  3. 3 Whether the proceedings amount to a collateral attack on previous judgments

Ratio Decidendi

Mr Booth is not estopped from challenging the Viscount's November 2022 decision regarding the 2013 King's Oak Valuation as it was not part of the previous litigation, and it is not plain and obvious that his claim is unarguable; the claim is not struck out but must be properly particularised.

Court Disposition

Application to strike out dismissed, directions given for further particulars and clarification.

Orders

  • Mr Booth to file an amended Order of Justice within 6 weeks providing full particulars of the claim, specifying alleged obligations, provisions of the Human Rights (Jersey) Law 2000 relied on, convention rights, victim status, and alleged breaches.
  • Mr Booth to confirm whether he alleges incompatibility with human rights and specify which rights, or clarify the basis of incompatibility.