McGorrin v Pascoe [2001] JRC 202 (01 October 2001)

The Court found that the Master's discretion was properly exercised in refusing to strike out the action and granting an extension of time, given the exceptional circumstances including the Defendant's death, admissions regarding funds, and ongoing English proceedings. The Court urged stringent steps to bring the matter to trial but declined to interfere with the Master's order.

Citation: [2001] JRC 202
Parties: Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction: Jersey
Judgment Date: 01 October 2001
Procedural Posture: Civil / Appeal From Master's Order
Outcome: Appeal dismissed; Master's order upheld.
Legal Topics: Account for Funds, Delay in Prosecution, Interim Injunctions, Extension of Time

Civil Procedure Trusts Accounting Account for Funds Delay in Prosecution Interim Injunctions Extension of Time

Case Brief

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Parties

Plaintiff

Defendant

Procedural Posture

Civil / Appeal From Master's Order

Legal Issues

1 Whether the Master's refusal to strike out the action was correct
2 Whether the extension of time for filing a Scott Schedule was properly granted
3 Whether the Plaintiff failed to prosecute the action with sufficient expedition

Ratio Decidendi

Court Disposition

Appeal dismissed; Master's order upheld.

Orders

No strike out of the action.
Extension of time for filing Scott Schedule and issuing summons for directions granted.