Blenheim Trust v Morgan [2000] JRC 94A (01 June 2000)

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

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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

  1. 1 Whether the court can revisit or amend an order for further and better particulars after it has been made and not appealed
  2. 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.