Ball -v- King 11-Oct-2006 [2006] JRC 143 (11 October 2006)

Ball -v- King 11-Oct-2006 [2006] JRC 143 (11 October 2006)

Leave to extend time is granted due to clear intention to challenge jurisdiction from the outset, mutual procedural error, limited prejudice to the plaintiff, and absence of hopelessness in the defendant's challenge.

Citation
[2006] JRC 143
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
11 October 2006
Procedural Posture
Civil / Application for Extension of Time to Challenge Jurisdiction
Outcome
extension of time granted
Legal Topics
Extension of Time, Challenge to Jurisdiction, Procedural Error
Civil Procedure Extension of Time Challenge to Jurisdiction Procedural Error

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil / Application for Extension of Time to Challenge Jurisdiction

Legal Issues

  1. 1 Whether the defendant should be granted an extension of time to file a summons challenging jurisdiction

Ratio Decidendi

Leave to extend time is granted due to clear intention to challenge jurisdiction from the outset, mutual procedural error, limited prejudice to the plaintiff, and absence of hopelessness in the defendant's challenge.

Court Disposition

extension of time granted

Orders

  • Parties directed to attend before the Judicial Secretary to fix a hearing date for the jurisdiction challenge.