La Petite Croatie -v- Ledo [2009] JRC 022 (10 February 2009)

La Petite Croatie -v- Ledo [2009] JRC 022 (10 February 2009)

Expert evidence of a conveyancer on the interpretation of a restrictive covenant is inadmissible as it is a matter for the court. However, where the terms of a conveyance are uncertain or ambiguous and such ambiguity cannot be resolved from the conveyance itself, extrinsic evidence from the conveyancers' file may be admitted de bene esse to assist the court in resolving the ambiguity.

Citation
[2009] JRC 022
Parties
Plaintiff: Plaintiff; Defendant: Defendants
Jurisdiction
Jersey
Judgment Date
10 February 2009
Procedural Posture
Civil / Interlocutory Applications Prior to Substantive Hearing
Outcome
Defendants' application to exclude expert evidence granted; defendants' application to admit extrinsic documents granted de bene esse.
Legal Topics
Admissibility of Evidence, Restrictive Covenants, Extrinsic Evidence, Expert Evidence
Property Law Civil Procedure Admissibility of Evidence Restrictive Covenants Extrinsic Evidence Expert Evidence

Case Brief

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Parties

Plaintiff

Plaintiff

Defendants

Defendant

Procedural Posture

Civil / Interlocutory Applications Prior to Substantive Hearing

Legal Issues

  1. 1 Whether expert evidence of a conveyancer is admissible on the interpretation of a restrictive covenant in a Jersey conveyance
  2. 2 Whether extrinsic evidence from the file of the conveyancing solicitors is admissible to resolve ambiguity or uncertainty in the restrictive covenant

Ratio Decidendi

Expert evidence of a conveyancer on the interpretation of a restrictive covenant is inadmissible as it is a matter for the court. However, where the terms of a conveyance are uncertain or ambiguous and such ambiguity cannot be resolved from the conveyance itself, extrinsic evidence from the conveyancers' file may be admitted de bene esse to assist the court in resolving the ambiguity.

Court Disposition

Defendants' application to exclude expert evidence granted; defendants' application to admit extrinsic documents granted de bene esse.

Orders

  • Evidence of Mr Bougeard excluded, subject to possible reconsideration if conveyancing practice becomes relevant during the hearing.
  • Documents from Olsen, Backhurst and Crane's file admitted de bene esse to assist in resolving uncertainty or ambiguity in the restrictive covenant.