Murray -v- Camerons Limited [2017] JRC 045 (17 March 2017)

Murray -v- Camerons Limited [2017] JRC 045 (17 March 2017)

The issuance of a summons challenging jurisdiction on the basis of an alleged arbitration agreement is sufficient to engage Rule 6/7(7), suspending the time limits for filing an answer, unless the argument is absolutely hopeless or an abuse of process, which is not the case here.

Citation
[2017] JRC 045
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
17 March 2017
Procedural Posture
Application for Judgment in Default of Answer / Interlocutory Application; Pending Hearing of Jurisdictional Summons
Outcome
Application for judgment in default of answer refused; time for filing answer suspended pending determination of jurisdictional summons.
Legal Topics
Default Judgment, Jurisdiction, Arbitration Agreements, Stay of Proceedings
Civil Procedure Default Judgment Jurisdiction Arbitration Agreements Stay of Proceedings

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Application for Judgment in Default of Answer / Interlocutory Application; Pending Hearing of Jurisdictional Summons

Legal Issues

  1. 1 Whether the filing of a summons challenging jurisdiction on the basis of an alleged arbitration agreement suspends the time limits for filing an answer under Rule 6/7(7)
  2. 2 Whether the defendant's argument regarding the existence of an arbitration agreement is sufficiently arguable to engage Rule 6/7(7)

Ratio Decidendi

The issuance of a summons challenging jurisdiction on the basis of an alleged arbitration agreement is sufficient to engage Rule 6/7(7), suspending the time limits for filing an answer, unless the argument is absolutely hopeless or an abuse of process, which is not the case here.

Court Disposition

Application for judgment in default of answer refused; time for filing answer suspended pending determination of jurisdictional summons.

Orders

  • Costs of today's hearing reserved to be decided at the conclusion of the hearing of the summons.