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

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.

Citation: [1989] JLR 111
Parties: Plaintiff: Purdie; Defendant: Bailhache & Bailhache
Jurisdiction: Jersey
Judgment Date: 28 March 1989
Procedural Posture: Civil / Trial of Preliminary Issue
Outcome: Preliminary issue may be tried separately
Legal Topics: Preliminary Issue, Prescription, Royal Court Rules 1982 R.6/19

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

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Parties

Purdie

Plaintiff

Bailhache & Bailhache

Defendant

Procedural Posture

Civil / Trial of Preliminary Issue

Legal Issues

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

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