Tomes v CokeWallis [2002] JRC 173 (25 September 2002)

There is no realistic prospect of success on appeal as the set-off argument was previously rejected; therefore, leave to appeal and a stay of execution are refused.

Citation: [2002] JRC 173
Parties: Plaintiff: Plaintiff; Defendant: First Defendant
Jurisdiction: Jersey
Judgment Date: 25 September 2002
Procedural Posture: Civil / Post Judgment Applications (leave to Appeal and Stay of Execution)
Outcome: applications dismissed
Legal Topics: Leave to Appeal, Stay of Execution, Summary Judgment, Costs

Civil Procedure Leave to Appeal Stay of Execution Summary Judgment Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 1

Parties

Plaintiff

First Defendant

Defendant

Procedural Posture

Civil / Post Judgment Applications (leave to Appeal and Stay of Execution)

Legal Issues

1 Whether leave to appeal is required for the summary judgment
2 Whether there is a realistic prospect of success on appeal
3 Whether a stay of execution should be granted

Ratio Decidendi

There is no realistic prospect of success on appeal as the set-off argument was previously rejected; therefore, leave to appeal and a stay of execution are refused.

Court Disposition

applications dismissed

Orders

Leave to appeal refused
Stay of execution refused