Doran v Dataquill Limited [2018] JRC 148 (20 August 2018)

Doran v Dataquill Limited [2018] JRC 148 (20 August 2018)

The plaintiff's claims are not struck out as they raise arguable issues of contract, quantum meruit, and estoppel, and require amendment to plead all material facts. The court cannot conclude at this stage that the claims lack certainty or are prescribed without trial. The plaintiff must amend the order of justice to clarify material facts and alternative quantum meruit claim.

Citation
[2018] JRC 148
Parties
Plaintiff: Paul Doran; Defendant: Dataquill Limited
Jurisdiction
Jersey
Judgment Date
20 August 2018
Procedural Posture
Strike Out Application / Interlocutory Judgment
Outcome
strike out application refused
Legal Topics
Pleading Requirements, Quantum Meruit, Strike Out Applications, Limitation Periods, Estoppel, Unjust Enrichment
Contract Law Civil Procedure Pleading Requirements Quantum Meruit Strike Out Applications Limitation Periods Estoppel Unjust Enrichment

Case Brief

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Parties

Paul Doran

Plaintiff

Dataquill Limited

Defendant

Procedural Posture

Strike Out Application / Interlocutory Judgment

Legal Issues

  1. 1 Whether the plaintiff's claims in paragraphs 4-5 and 9-11 of the order of justice should be struck out as frivolous, vexatious, or an abuse of process
  2. 2 Whether the claims are prescribed (statute-barred)
  3. 3 Whether the pleadings lack material facts and certainty

Ratio Decidendi

The plaintiff's claims are not struck out as they raise arguable issues of contract, quantum meruit, and estoppel, and require amendment to plead all material facts. The court cannot conclude at this stage that the claims lack certainty or are prescribed without trial. The plaintiff must amend the order of justice to clarify material facts and alternative quantum meruit claim.

Court Disposition

strike out application refused

Orders

  • Plaintiff must file an amended order of justice setting out all material facts as to when, how, and why he was retained and plead any alternative quantum meruit claim.
  • Court will hear argument on the timeframe for amendment and costs.