Blenheim Trust v Morgan [2000] JRC 94A (01 June 2000)
The court held that it could not revisit or amend its previous order for further and better particulars, as the order had been made and not appealed. The court ordered the first defendant to provide the outstanding particulars as previously ordered.
- Citation
- [2000] JRC 94A
- Parties
- Plaintiff: Plaintiff (not named); First Defendant: Mr Eric Lyn Morgan
- Jurisdiction
- Jersey
- Judgment Date
- 01 June 2000
- Procedural Posture
- Civil / Interlocutory Application for Further and Better Particulars
- Outcome
- Application granted in part
- Legal Topics
- Further and Better Particulars, Finality of Orders, Inherent Jurisdiction, Joint Venture, Pleadings
Case Brief
Summary, issues, holding and outcome
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Parties
Plaintiff (not named)
Plaintiff
Mr Eric Lyn Morgan
First Defendant
Procedural Posture
Civil / Interlocutory Application for Further and Better Particulars
Legal Issues
- 1 Whether the court can revisit or amend an order for further and better particulars after it has been made and not appealed
- 2 Whether the first defendant has complied with the order to provide further and better particulars in specific respects
Ratio Decidendi
The court held that it could not revisit or amend its previous order for further and better particulars, as the order had been made and not appealed. The court ordered the first defendant to provide the outstanding particulars as previously ordered.
Court Disposition
Application granted in part
Orders
- The first defendant is ordered to provide the outstanding further and better particulars as previously ordered in requests 5(c), 8, and 9 within 21 days.
- Costs of the summons to be costs in the cause.
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