Naylor v Kingsworthy Holdings Limited [2018] JRC 173 (18 September 2018)

Naylor v Kingsworthy Holdings Limited [2018] JRC 173 (18 September 2018)

The defendant failed to plead a proper defence, did not admit established legal duties, and did not comply with procedural requirements, justifying orders for amendment and costs.

Citation
[2018] JRC 173
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
18 September 2018
Procedural Posture
Civil / Directions Hearing
Outcome
Defendant ordered to amend answer within 4 weeks and pay costs of directions hearing
Legal Topics
Collapse of Wall, Duty of Voisinage, Neighbour Disputes, Pleadings, Costs Orders
Property Law Tort Law Collapse of Wall Duty of Voisinage Neighbour Disputes Pleadings Costs Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil / Directions Hearing

Legal Issues

  1. 1 Whether the defendant owed a duty of voisinage to the plaintiff
  2. 2 Whether the defendant's answer was sufficient
  3. 3 Whether the defendant is liable for the collapse of the wall

Ratio Decidendi

The defendant failed to plead a proper defence, did not admit established legal duties, and did not comply with procedural requirements, justifying orders for amendment and costs.

Court Disposition

Defendant ordered to amend answer within 4 weeks and pay costs of directions hearing

Orders

  • Defendant to file amended answer within 4 weeks
  • Defendant to pay costs of directions hearing on standard basis