1998/207 - Cooper v Lieutenant Governor [1998] UR 207 (20 October 1998)

1998/207 - Cooper v Lieutenant Governor [1998] UR 207 (20 October 1998)

The plaintiff's claim is barred by res judicata due to the Court of Appeal's 1987 decision, the Royal Court lacks jurisdiction to grant the relief sought, and the refusal to provide the report does not constitute hindering the right to petition under Article 25 of the Convention. The claim is hopeless and must be struck out.

Citation
[1998] UR 207
Parties
Plaintiff: Plaintiff (unnamed); Defendant: Attorney General (defendant)
Jurisdiction
Jersey
Judgment Date
20 October 1998
Procedural Posture
Civil / Application to Strike Out
Outcome
action struck out and dismissed
Legal Topics
Strike Out Application, Res Judicata, Norwich Pharmacal Application, European Convention on Human Rights, Discovery of Documents
Civil Procedure Human Rights Strike Out Application Res Judicata Norwich Pharmacal Application European Convention on Human Rights Discovery of Documents

Case Brief

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Parties

Plaintiff (unnamed)

Plaintiff

Attorney General (defendant)

Defendant

Procedural Posture

Civil / Application to Strike Out

Legal Issues

  1. 1 Whether the plaintiff's claim is barred by res judicata
  2. 2 Whether the Royal Court has jurisdiction to grant the relief sought
  3. 3 Whether refusal to provide a report constitutes hindering access to the European Court of Human Rights under Article 25 of the Convention

Ratio Decidendi

The plaintiff's claim is barred by res judicata due to the Court of Appeal's 1987 decision, the Royal Court lacks jurisdiction to grant the relief sought, and the refusal to provide the report does not constitute hindering the right to petition under Article 25 of the Convention. The claim is hopeless and must be struck out.

Court Disposition

action struck out and dismissed

Orders

  • Plaintiff's Order of Justice struck out
  • Action dismissed