1999/29B - Eves v R G Financial and Ors [1999] UR 29B (12 February 1999)

1999/29B - Eves v R G Financial and Ors [1999] UR 29B (12 February 1999)

Norwich Union Insurance Group is not a legal entity and was improperly made a party; the proper party is Norwich Union Life and Pensions Limited. The court substituted the correct party and rejected the application to strike out the proceedings.

Citation
[1999] UR 29B
Parties
Plaintiff: Plaintiff; Second Defendant: Norwich Union Insurance Group
Jurisdiction
Jersey
Judgment Date
12 February 1999
Procedural Posture
Strike Out Application / Interlocutory
Outcome
Application to strike out rejected; substitution of parties ordered.
Legal Topics
Striking Out Pleadings, Misjoinder and Substitution of Parties
Civil Procedure Striking Out Pleadings Misjoinder and Substitution of Parties

Case Brief

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Parties

Plaintiff

Plaintiff

Norwich Union Insurance Group

Second Defendant

Procedural Posture

Strike Out Application / Interlocutory

Legal Issues

  1. 1 Whether Norwich Union Insurance Group is a proper party to the proceedings
  2. 2 Whether the Plaintiff's claim should be struck out for disclosing no reasonable cause of action, being scandalous, frivolous, vexatious, or an abuse of process

Ratio Decidendi

Norwich Union Insurance Group is not a legal entity and was improperly made a party; the proper party is Norwich Union Life and Pensions Limited. The court substituted the correct party and rejected the application to strike out the proceedings.

Court Disposition

Application to strike out rejected; substitution of parties ordered.

Orders

  • Norwich Union Insurance Group deleted as a party
  • Norwich Union Life and Pensions Limited added as a party