J - v - G Ltd [2005] JRC 103 (30 June 2005)

J - v - G Ltd [2005] JRC 103 (30 June 2005)

Evidence of previous voluntary without prejudice interim payments is inadmissible at the first stage of an interim payment application under Rule 8/2(c), as this stage involves a question or issue as to liability. The requirements of Rule 8/2(c) were not met because the court was not satisfied to the requisite standard that the plaintiff would obtain judgment for substantial damages at trial, given the existence of an arguable defence and uncertainty as to liability.

Citation
[2005] JRC 103
Parties
Plaintiff: Plaintiff (not named); Defendant: Defendant (not named); Plaintiff's Advocate: Mr. Dickinson
Jurisdiction
Jersey
Judgment Date
30 June 2005
Procedural Posture
Application for Interim Payment in Personal Injury Action / Interlocutory Application for Interim Payment Under Rule 8 of the Royal Court Rules 2004
Outcome
Application dismissed
Legal Topics
Interim Payments, Admissibility of Evidence, Without Prejudice Communications, Negligence, Contributory Negligence
Civil Procedure Personal Injury Interim Payments Admissibility of Evidence Without Prejudice Communications Negligence Contributory Negligence

Case Brief

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Parties

Plaintiff (not named)

Plaintiff

Defendant (not named)

Defendant

Mr. Dickinson

Plaintiff's Advocate

Procedural Posture

Application for Interim Payment in Personal Injury Action / Interlocutory Application for Interim Payment Under Rule 8 of the Royal Court Rules 2004

Legal Issues

  1. 1 Whether evidence of previous voluntary without prejudice interim payments is admissible at the first stage of an interim payment application under Rule 8/2(c)
  2. 2 Whether the requirements of Rule 8/2(c) are satisfied to justify an interim payment

Ratio Decidendi

Evidence of previous voluntary without prejudice interim payments is inadmissible at the first stage of an interim payment application under Rule 8/2(c), as this stage involves a question or issue as to liability. The requirements of Rule 8/2(c) were not met because the court was not satisfied to the requisite standard that the plaintiff would obtain judgment for substantial damages at trial, given the existence of an arguable defence and uncertainty as to liability.

Court Disposition

Application dismissed

Orders

  • Application for interim payment dismissed
  • Order for early trial on liability