L'Eau des Iles v Smith [2000] JRC 194B (06 October 2000)

It would be an abuse of process to place the matter on the Pending List at this late stage; the application for stay should have been made earlier.

Citation: [2000] JRC 194B
Parties: Applicant: Plaintiff Company; Respondent: Defendant
Jurisdiction: Jersey
Judgment Date: 06 October 2000
Procedural Posture: Civil / Post Taxation, Application to Pending List
Outcome: Application declined; judgment granted for aggregate sum.
Legal Topics: Abuse of Process, Costs, Pending List, Stay of Execution

Civil Procedure Abuse of Process Costs Pending List Stay of Execution

Case Brief

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Parties

Plaintiff Company

Applicant

Defendant

Respondent

Procedural Posture

Civil / Post Taxation, Application to Pending List

Legal Issues

1 Whether placing the matter on the Pending List would be an abuse of process
2 Whether costs should be stayed due to plaintiff's insolvency

Ratio Decidendi

It would be an abuse of process to place the matter on the Pending List at this late stage; the application for stay should have been made earlier.

Court Disposition

Application declined; judgment granted for aggregate sum.

Orders

Judgment in the aggregate sum of £20,098.63
Interest from date of summons until payment