Mayhew Ltd and Holmes -v- Bois Bois and Young [2015] JRC 118 (01 June 2015)

Mayhew Ltd and Holmes -v- Bois Bois and Young [2015] JRC 118 (01 June 2015)

There was a twelve-month period of inordinate and inexcusable delay attributable to the plaintiffs, but the claim is arguable and not hopeless. Striking out is disproportionate; appropriate sanctions include indemnity costs, amendments to pleadings, and restrictions on recoverable losses.

Citation
[2015] JRC 118
Parties
Plaintiff: Mr Holmes; Plaintiff: Second Plaintiff; Defendant: Bois Bois; Defendant: First Defendant (partners of Bois Bois)
Jurisdiction
Jersey
Judgment Date
01 June 2015
Procedural Posture
Civil / Application to Continue Proceedings After Listing for Possible Strike Out Under Rule 6/26(13)
Outcome
Proceedings to continue subject to conditions and sanctions for delay.
Legal Topics
Strike Out Applications, Delay in Prosecution, Legal Professional Duty, Land Transactions, Legal Aid
Civil Procedure Professional Negligence Strike Out Applications Delay in Prosecution Legal Professional Duty Land Transactions Legal Aid

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Parties

Mr Holmes

Plaintiff

Second Plaintiff

Plaintiff

Bois Bois

Defendant

First Defendant (partners of Bois Bois)

Defendant

Procedural Posture

Civil / Application to Continue Proceedings After Listing for Possible Strike Out Under Rule 6/26(13)

Legal Issues

  1. 1 Whether inordinate and inexcusable delay justifies striking out the claim under Rule 6/26(13)
  2. 2 Whether the plaintiffs' claim is hopeless and bound to fail
  3. 3 Whether alternative sanctions to strike out are appropriate

Ratio Decidendi

There was a twelve-month period of inordinate and inexcusable delay attributable to the plaintiffs, but the claim is arguable and not hopeless. Striking out is disproportionate; appropriate sanctions include indemnity costs, amendments to pleadings, and restrictions on recoverable losses.

Court Disposition

Proceedings to continue subject to conditions and sanctions for delay.

Orders

  • Plaintiffs to pay indemnity costs of this application within 28 days of assessment.
  • If costs not paid, defendants may apply to strike out the claim.