Rothmer v Hill Samuel [1991] JLR 74 (12 May 1991)

The court held that the Service of Process (Jersey) Rules, 1961 must be interpreted narrowly and any ambiguity should be resolved in favour of the foreign party.

Citation: [1991] JLR 74
Parties: Applicant: Rothmer; Respondent: Hill Samuel
Jurisdiction: Jersey
Judgment Date: 12 May 1991
Procedural Posture: Civil / Service Out of Jurisdiction
Outcome: application for service out of jurisdiction considered under narrow interpretation
Legal Topics: Service Out of Jurisdiction, Interpretation of Rules

Civil Procedure Service Out of Jurisdiction Interpretation of Rules

Case Brief

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Parties

Rothmer

Applicant

Hill Samuel

Respondent

Procedural Posture

Civil / Service Out of Jurisdiction

Legal Issues

1 How should the Service of Process (Jersey) Rules, 1961 be interpreted regarding service out of jurisdiction?

Ratio Decidendi

The court held that the Service of Process (Jersey) Rules, 1961 must be interpreted narrowly and any ambiguity should be resolved in favour of the foreign party.

Court Disposition

application for service out of jurisdiction considered under narrow interpretation