1998/245 - Eves v Robert Gordon Financial Consultants [1998] UR 245 (3 December 1998)

1998/245 - Eves v Robert Gordon Financial Consultants [1998] UR 245 (3 December 1998)

Robert Gordon did not acquire any liabilities of Ermitage and no novation occurred; therefore, it cannot be liable for Ermitage's prior obligations. The plaintiff's claim was hopeless and properly struck out.

Citation
[1998] UR 245
Parties
Plaintiff: Plaintiff; Defendant: Robert Gordon; Potential Defendant: Ermitage Insurance Services Limited
Jurisdiction
Jersey
Judgment Date
03 December 1998
Procedural Posture
Civil / Application to Strike Out
Outcome
action dismissed as against Robert Gordon
Legal Topics
Liability of Successor Companies, Novation, Striking Out Pleadings, Costs
Contract Law Tort Law Civil Procedure Liability of Successor Companies Novation Striking Out Pleadings Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Plaintiff

Plaintiff

Robert Gordon

Defendant

Ermitage Insurance Services Limited

Potential Defendant

Procedural Posture

Civil / Application to Strike Out

Legal Issues

  1. 1 Whether Robert Gordon is liable for alleged breaches by Ermitage Insurance Services Limited
  2. 2 Whether the action against Robert Gordon should be struck out
  3. 3 Whether the plaintiff is entitled to file a reply before striking out

Ratio Decidendi

Robert Gordon did not acquire any liabilities of Ermitage and no novation occurred; therefore, it cannot be liable for Ermitage's prior obligations. The plaintiff's claim was hopeless and properly struck out.

Court Disposition

action dismissed as against Robert Gordon

Orders

  • Order of Justice struck out against Robert Gordon
  • Plaintiff to pay full indemnity costs to Robert Gordon