Skinner v Myles [1990] JLR 88 (27 March 1990)
- Citation
- [1990] JLR 88
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Application to Strike Out for Delay
More details
- Posture
- Civil / Application to Strike Out for Delay
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
A plaintiff who brings proceedings near the end of the limitation period must act with increased expedition; failure to do so may result in the action being struck out for inordinate and inexcusable delay.
Court disposition
action may be struck out for inordinate and inexcusable delay
02
Material facts
Parties
Skinner
PlaintiffMyles
Defendant03
Procedural history
Posture
Civil / Application to Strike Out for Delay
04
Questions and positions
Legal issues
- 01
Whether proceedings instituted near the end of the limitation period impose an increased duty on the plaintiff to act with expedition
- 02
Whether failure to act with expedition justifies striking out the action for inordinate and inexcusable delay
Party arguments
- Applicant
- The plaintiff failed to prosecute the claim with due expedition after instituting proceedings near the end of the ten-year prescription period, warranting the action to be struck out for inordinate and inexcusable delay.
- Respondent
- The plaintiff is entitled to bring proceedings within the limitation period and should not be penalized for delay unless it is both inordinate and inexcusable.
05
Court’s reasoning
Legal principles
- 01
Jersey case law
A plaintiff who institutes proceedings near the end of the limitation period is under an increased duty to act with expedition in prosecuting the claim.
- 02
Jersey case law
If this duty is not fulfilled, the action may be struck out for inordinate and inexcusable delay.
06
Ratio, limits and disposition
Ratio decidendi
A plaintiff who brings proceedings near the end of the limitation period must act with increased expedition; failure to do so may result in the action being struck out for inordinate and inexcusable delay.
Court disposition
action may be struck out for inordinate and inexcusable delay
Source and reliance status
Official court record
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Judgment reading view
Judgment text
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Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Skinner v Myles [1990] JLR 88 (27 March 1990) URL: https://www.bailii.org/je/cases/JLR/1990/JLR900088.html Cite as: [1990] JLR 88 [ New search ] [ Help ] Skinner v Myles 1990 JLR 88 (27 March 1990) Limitation of Actions - duty to act with expedition - proceedings brought near end of limitation period - plaintiff instituting proceedings near end of ten-year prescription period under increased duty to act with expedition in prosecution of claim-if duty not fulfilled, action may be struck out for inordinate and inexcusable delay 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: 1990 JLR 88 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1990/JLR900088.html
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