Campbell -v- Campbell and Others [2016] JRC 041 (11 February 2016)

Campbell -v- Campbell and Others [2016] JRC 041 (11 February 2016)

The stay was refused because ownership of the Longton loan and accrued interest is only being adjudicated in Jersey, and the issue of ownership of the wider business, though now clarified in Richard's statement of case, is also being determined in England. Evidence regarding ownership issues was stayed pending the outcome of the renewed forum challenge, but evidence on other issues was ordered to be filed. The timetable for expert evidence was varied to depend on the outcome of the forum challenge.

Citation
[2016] JRC 041
Parties
Plaintiff: Richard Campbell; First Defendant: Robert Campbell
Jurisdiction
Jersey
Judgment Date
11 February 2016
Procedural Posture
Civil / Interlocutory Application for Stay
Outcome
Stay of proceedings refused; partial stay granted regarding evidence on ownership issues; timetable for expert evidence varied; costs in the cause.
Legal Topics
Forum Non Conveniens, Constructive Trust, Resulting Trust, Discovery, Pleadings, Ownership Dispute
Civil Procedure Trusts Property Forum Non Conveniens Constructive Trust Resulting Trust Discovery Pleadings +1 more

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Parties

Richard Campbell

Plaintiff

Robert Campbell

First Defendant

Procedural Posture

Civil / Interlocutory Application for Stay

Legal Issues

  1. 1 Whether proceedings in Jersey should be stayed in favour of English proceedings due to overlapping ownership issues
  2. 2 Whether evidence should be filed regarding ownership of business entities apart from Longton
  3. 3 Effect of withdrawal of alternative defence by Robert Campbell

Ratio Decidendi

The stay was refused because ownership of the Longton loan and accrued interest is only being adjudicated in Jersey, and the issue of ownership of the wider business, though now clarified in Richard's statement of case, is also being determined in England. Evidence regarding ownership issues was stayed pending the outcome of the renewed forum challenge, but evidence on other issues was ordered to be filed. The timetable for expert evidence was varied to depend on the outcome of the forum challenge.

Court Disposition

Stay of proceedings refused; partial stay granted regarding evidence on ownership issues; timetable for expert evidence varied; costs in the cause.

Orders

  • Stay refused for Jersey proceedings as requested by Robert Campbell.
  • Stay granted for filing evidence on ownership issues pending forum challenge outcome.