de Bourbon des Deux Siciles v Strang and Ors 01-Jul-[2021] JRC 180 (01 July 2021)

de Bourbon des Deux Siciles v Strang and Ors 01-Jul-[2021] JRC 180 (01 July 2021)

The appeal was allowed because the Appellant had provided answers as required by the unless order, and adequacy was not the test; summary judgment was improperly granted in the absence of a mandatory affidavit; and the counterclaim, while inadequate, was not so devoid of reality as to justify summary judgment or strike out at this stage. The Appellant should be given a final opportunity to plead her case adequately.

Citation
[2021] JRC 180
Parties
Appellant: Princess Camilla de Bourbon des Deux Siciles; Respondents: Ian Strang and others
Jurisdiction
Jersey
Judgment Date
01 July 2021
Procedural Posture
Appeal / Appeal From Order of Master Striking Out Counterclaim and Granting Summary Judgment
Outcome
Appeal allowed
Legal Topics
Strike Out Applications, Summary Judgment, Pleadings, Abuse of Process, Right to Fair Trial
Civil Procedure Contract Law Strike Out Applications Summary Judgment Pleadings Abuse of Process Right to Fair Trial

Case Brief

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Parties

Princess Camilla de Bourbon des Deux Siciles

Appellant

Ian Strang and others

Respondents

Procedural Posture

Appeal / Appeal From Order of Master Striking Out Counterclaim and Granting Summary Judgment

Legal Issues

  1. 1 Whether the Appellant's counterclaim was properly struck out for breach of an unless order and/or as disclosing no reasonable cause of action or as an abuse of process
  2. 2 Whether summary judgment was properly granted in the absence of an affidavit as required by the Rules
  3. 3 Whether the Appellant was deprived of a fair trial

Ratio Decidendi

The appeal was allowed because the Appellant had provided answers as required by the unless order, and adequacy was not the test; summary judgment was improperly granted in the absence of a mandatory affidavit; and the counterclaim, while inadequate, was not so devoid of reality as to justify summary judgment or strike out at this stage. The Appellant should be given a final opportunity to plead her case adequately.

Court Disposition

Appeal allowed

Orders

  • Order of the Master striking out the counterclaim and granting summary judgment is overturned
  • Matter reserved to the Court for further procedural management