Jersey Judgment

Purdie v Bailhache & Bailhache [1989] JLR 111 (28 March 1989)

Civil Procedure Preliminary Issue Prescription Royal Court Rules 1982 R.6/19

Citation: [1989] JLR 111
Status: Judgment
Jurisdiction: Jersey
Posture: Civil / Trial of Preliminary Issue

More details

Posture: Civil / Trial of Preliminary Issue

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Professional case brief

Research organized from the available case record

Source document

Holding and result

The issue of prescription may be tried separately if it precludes a full trial or if evidence given on the preliminary issue reduces the time and expense of a full trial.

Court disposition

Preliminary issue may be tried separately

Material facts

Parties

Purdie

Plaintiff

Bailhache & Bailhache

Defendant

Procedural history

Posture

Civil / Trial of Preliminary Issue

Questions and positions

Legal issues

Whether the issue of prescription can be tried as a preliminary issue under Royal Court Rules, 1982, r.6/19

Party arguments

Applicant: The issue of prescription should be tried as a preliminary issue to potentially preclude the need for a full trial or to reduce time and expense.
Respondent: All issues should normally be tried together; separate trial of preliminary issue is not warranted.

Court’s reasoning

Legal principles

01
Royal Court Rules, 1982, r.6/19

The court has wide discretion to order a separate trial of a preliminary issue under Royal Court Rules, 1982, r.6/19.

Ratio, limits and disposition

Ratio decidendi

The issue of prescription may be tried separately if it precludes a full trial or if evidence given on the preliminary issue reduces the time and expense of a full trial.

Court disposition

Preliminary issue may be tried separately

Source and reliance status

Official court record

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Source document

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Judgment text

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Source document

Court record

Judgment

[1989] JLR 111

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BAILII >> Databases >> Jersey Law Reports >> Purdie v Bailhache & Bailhache [1989] JLR 111 (28 March 1989) URL: https://www.bailii.org/je/cases/JLR/1989/JLR890111.html Cite as: [1989] JLR 111 [ New search ] [ Help ] Purdie v Bailhache & Bailhache 1989 JLR 111 (28 March 1989) Civil Procedure - trial of preliminary issue - prescription - although all issues normally tried together, wide discretion to order separate trial of preliminary issue under Royal Court Rules, 1982, r.6/19-issue of prescription may be tried separately if precludes full trial or if evidence given on preliminary issue reduces time and expense of full trial The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1989 JLR 111 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1989/JLR890111.html

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Royal Court Rules, 1982, r.6/19

Legislation

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