1900 Trustee Company -v- Nurnberg [2000] JRC 33B (23 February 2000)

1900 Trustee Company -v- Nurnberg [2000] JRC 33B (23 February 2000)

The draft amended answer and counterclaim infringes Rule 6/8 of the Royal Court Rules, 1992, and the principles in the White Book, as it is not sufficiently precise, includes unnecessary material, and would prejudice, embarrass, or delay the fair trial of the action. Leave to file the draft is refused.

Citation
[2000] JRC 33B
Parties
Plaintiff: Plaintiff (unnamed); Defendant: Defendant (unnamed)
Jurisdiction
Jersey
Judgment Date
23 February 2000
Procedural Posture
Civil / Interlocutory Application for Leave to Amend Answer and Counterclaim
Outcome
application refused
Legal Topics
Pleadings, Amendment of Pleadings, Breach of Trust, Costs
Civil Procedure Trusts Pleadings Amendment of Pleadings Breach of Trust Costs

Case Brief

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Parties

Plaintiff (unnamed)

Plaintiff

Defendant (unnamed)

Defendant

Procedural Posture

Civil / Interlocutory Application for Leave to Amend Answer and Counterclaim

Legal Issues

  1. 1 Whether the draft amended answer and counterclaim complies with the rules of pleading under Rule 6/8 of the Royal Court Rules, 1992
  2. 2 Whether the draft pleading would prejudice, embarrass, or delay the fair trial of the action

Ratio Decidendi

The draft amended answer and counterclaim infringes Rule 6/8 of the Royal Court Rules, 1992, and the principles in the White Book, as it is not sufficiently precise, includes unnecessary material, and would prejudice, embarrass, or delay the fair trial of the action. Leave to file the draft is refused.

Court Disposition

application refused

Orders

  • Leave to file the draft amended answer and counterclaim is refused.
  • The defendant shall file an amended answer and counterclaim in proper form within 28 days.