Case -v- Milborn [2015] JRC 046 (25 February 2015)

Case -v- Milborn [2015] JRC 046 (25 February 2015)

The Order of Justice clearly disclosed a reasonable cause of action and the evidence presented by the defendant did not justify striking out the claim or lifting the injunctions. The defendant's application was dismissed and costs were awarded to the plaintiff.

Citation
[2015] JRC 046
Parties
Plaintiff: Plaintiff; Defendant: Defendant; First Party Cited: Le Jardin de l'Etelier Limited; Second Party Cited: Barclays Private Clients International Limited; Third Party Cited: Lloyds Bank International Limited
Jurisdiction
Jersey
Judgment Date
25 February 2015
Procedural Posture
Civil / Interlocutory Application
Outcome
application dismissed
Legal Topics
Interim Injunctions, Strike Out Applications, Asset Freezing, Company Law, Costs Orders
Civil Procedure Injunctions Property Law Interim Injunctions Strike Out Applications Asset Freezing Company Law Costs Orders

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Le Jardin de l'Etelier Limited

First Party Cited

Barclays Private Clients International Limited

Second Party Cited

Lloyds Bank International Limited

Third Party Cited

Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 Whether the interim injunctions should be lifted or varied
  2. 2 Whether the Order of Justice should be struck out for disclosing no reasonable cause of action
  3. 3 Whether damages should be awarded to the defendant and first party cited

Ratio Decidendi

The Order of Justice clearly disclosed a reasonable cause of action and the evidence presented by the defendant did not justify striking out the claim or lifting the injunctions. The defendant's application was dismissed and costs were awarded to the plaintiff.

Court Disposition

application dismissed

Orders

  • Defendant's application to strike out the Order of Justice is dismissed.
  • Interim injunctions remain in place, with variation for defendant's weekly allowance of £820 for living expenses.