Jersey Judgment

Stanton v Mourant [1994] JLR 25 (21 January 1994)

Evidence Tort Similar Fact Evidence Negligence Admissibility of Evidence

Citation: [1994] JLR 25
Status: Judgment
Jurisdiction: Jersey
Posture: Civil / Trial

More details

Posture: Civil / Trial

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Professional case brief

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Source document

Holding and result

Evidence of previous unrelated negligence claims against an advocate is inadmissible in present negligence proceedings unless the evidence is based on facts similar to those currently alleged, as such evidence is otherwise irrelevant and not admissible merely to show a disposition to act negligently.

Court disposition

evidence excluded

Material facts

Parties

Stanton

Plaintiff

Mourant

Defendant

Procedural history

Posture

Civil / Trial

Questions and positions

Legal issues

Whether evidence of previous unrelated negligence claims against an advocate is admissible in current negligence proceedings.

Party arguments

Applicant: The plaintiff sought to introduce evidence of previous unrelated negligence claims against the defendant advocate to support the current negligence claim.
Respondent: The defendant argued that such evidence was inadmissible as it was not based on facts similar to those currently alleged and was irrelevant.

Court’s reasoning

Legal principles

01
[1994] JLR 25

Evidence of previous unrelated negligence claims is inadmissible in present negligence proceedings unless based on facts similar to those currently alleged, as it is otherwise irrelevant. Similar fact evidence is not admitted if it merely tends to show disposition to do certain acts.

Ratio, limits and disposition

Ratio decidendi

Evidence of previous unrelated negligence claims against an advocate is inadmissible in present negligence proceedings unless the evidence is based on facts similar to those currently alleged, as such evidence is otherwise irrelevant and not admissible merely to show a disposition to act negligently.

Court disposition

evidence excluded

Source and reliance status

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Judgment

[1994] JLR 25

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BAILII >> Databases >> Jersey Law Reports >> Stanton v Mourant [1994] JLR 25 (21 January 1994) URL: https://www.bailii.org/je/cases/JLR/1994/JLR940025.html Cite as: [1994] JLR 25 [ New search ] [ Help ] Stanton v Mourant 1994 JLR 25 (21 January 1994) Evidence - similar facts - admissibility - evidence of previous unrelated negligence claims against advocate inadmissible in present negligence proceedings unless based on facts similar to those currently alleged, since not otherwise relevant-similar fact evidence not admitted if merely tends to show disposition to do certain acts 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: 1994 JLR 25 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1994/JLR940025.html

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