Cannon v Nicol [2004] JRC 191 (02 November 2004)

Cannon v Nicol [2004] JRC 191 (02 November 2004)

The court refused to strike out the plaintiff's action for want of prosecution or for procedural default, finding no evidence of special circumstances or real prejudice to the defendant. The court ordered the plaintiff to provide particulars of the allegations in paragraph 9 of the Order of Justice within 14 days, failing which that paragraph would be struck out. Directions for the further conduct of the action were granted as agreed by the parties.

Citation
[2004] JRC 191
Parties
Plaintiff: Plaintiff (unnamed); Defendant: Defendant (unnamed)
Jurisdiction
Jersey
Judgment Date
02 November 2004
Procedural Posture
Civil / Interlocutory Application (summons to Strike Out and Summons for Directions)
Outcome
Defendant's application to strike out dismissed; plaintiff ordered to provide particulars; directions granted; costs awarded as specified.
Legal Topics
Striking Out Actions, Extension of Time, Pleading Requirements, Conversion, Partnership Disputes
Civil Procedure Partnership Law Striking Out Actions Extension of Time Pleading Requirements Conversion Partnership Disputes

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Parties

Plaintiff (unnamed)

Plaintiff

Defendant (unnamed)

Defendant

Procedural Posture

Civil / Interlocutory Application (summons to Strike Out and Summons for Directions)

Legal Issues

  1. 1 Whether the plaintiff's action should be struck out for failure to issue a summons for directions within the prescribed time under Rule 6/21 of the Royal Court Rules 1992
  2. 2 Whether paragraph 9 of the plaintiff's Order of Justice should be struck out for lack of particulars regarding alleged conversion or failure to account
  3. 3 Whether the plaintiff should be granted directions to proceed with the action despite procedural default

Ratio Decidendi

The court refused to strike out the plaintiff's action for want of prosecution or for procedural default, finding no evidence of special circumstances or real prejudice to the defendant. The court ordered the plaintiff to provide particulars of the allegations in paragraph 9 of the Order of Justice within 14 days, failing which that paragraph would be struck out. Directions for the further conduct of the action were granted as agreed by the parties.

Court Disposition

Defendant's application to strike out dismissed; plaintiff ordered to provide particulars; directions granted; costs awarded as specified.

Orders

  • Defendant's application to strike out the action is refused.
  • Plaintiff to provide particulars of paragraph 9 of the Order of Justice within 14 days, failing which paragraph 9 will be struck out without further order.