Stephens v Stephens [1989] JLR 284 (01 November 1989)

Stephens v Stephens [1989] JLR 284 (01 November 1989)

The court may consider a late application to strike out pleadings if there is no objection by the respondent, although such applications should normally be made promptly and before the close of pleadings.

Citation
[1989] JLR 284
Parties
Applicant: Stephens; Respondent: Stephens
Jurisdiction
Jersey
Judgment Date
01 November 1989
Procedural Posture
Civil / Application to Strike Out Pleadings
Outcome
application to strike out pleadings may be considered
Legal Topics
Pleading, Striking Out, Timing of Application
Civil Procedure Pleading Striking Out Timing of Application

Case Brief

Summary, issues, holding and outcome

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Parties

Stephens

Applicant

Stephens

Respondent

Procedural Posture

Civil / Application to Strike Out Pleadings

Legal Issues

  1. 1 Whether an application to strike out pleadings must be made promptly and before close of pleadings
  2. 2 Whether the court may consider a late application if there is no objection by the respondent

Ratio Decidendi

The court may consider a late application to strike out pleadings if there is no objection by the respondent, although such applications should normally be made promptly and before the close of pleadings.

Court Disposition

application to strike out pleadings may be considered