Brakspear -v- Nedgroup Trust (Jersey) Limited [2018] JRC 121 (05 July 2018)

Brakspear -v- Nedgroup Trust (Jersey) Limited [2018] JRC 121 (05 July 2018)

The plaintiffs' claims are struck out as they are either prescribed, insufficiently particularised as to fraud, or constitute an abuse of process and/or are barred by res judicata or issue estoppel, given the final determination of the relevant issues by the South African courts and the absence of any new or properly pleaded cause of action.

Citation
[2018] JRC 121
Parties
Plaintiff: Mrs Brakspear; Plaintiff: Mrs Bowler; Plaintiff: Mr Brakspear; Defendant: Nedgroup Trust (Jersey) Limited
Jurisdiction
Jersey
Judgment Date
05 July 2018
Procedural Posture
Application to Strike Out / Judgment on Strike Out Application
Outcome
application granted; plaintiffs' claims struck out
Legal Topics
Strike Out Application, Res Judicata, Issue Estoppel, Abuse of Process, Prescription/limitation, Pleading Fraud, Trustee Liability
Trust Law Civil Procedure Conflict of Laws Strike Out Application Res Judicata Issue Estoppel Abuse of Process Prescription/limitation +2 more

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Parties

Mrs Brakspear

Plaintiff

Mrs Bowler

Plaintiff

Mr Brakspear

Plaintiff

Nedgroup Trust (Jersey) Limited

Defendant

Procedural Posture

Application to Strike Out / Judgment on Strike Out Application

Legal Issues

  1. 1 Whether the plaintiffs' claims are prescribed or time-barred
  2. 2 Whether the plaintiffs are seeking to re-litigate issues already determined by South African courts
  3. 3 Whether the pleadings sufficiently allege fraud to avoid prescription

Ratio Decidendi

The plaintiffs' claims are struck out as they are either prescribed, insufficiently particularised as to fraud, or constitute an abuse of process and/or are barred by res judicata or issue estoppel, given the final determination of the relevant issues by the South African courts and the absence of any new or properly pleaded cause of action.

Court Disposition

application granted; plaintiffs' claims struck out

Orders

  • The whole of the Order of Justice of the plaintiffs dated 20 November 2017 is struck out.
  • No further proceedings may be brought by the plaintiffs on the same cause of action or issues already determined.