Fisher & Ors v Walker (Royal Court : Hearing (Civil)) [2025] JRC 098 (4 April 2025)

Fisher & Ors v Walker (Royal Court : Hearing (Civil)) [2025] JRC 098 (4 April 2025)

The Defendant's persistent non-compliance with unless orders and failure to engage with the court justifies striking out her Answer and entering judgment for the Plaintiffs in the quantified sum of £100,826.23, with costs to follow the event.

Citation
[2025] JRC 098
Parties
Plaintiffs: David Fisher and Others; Defendant: Susan Walker
Jurisdiction
Jersey
Judgment Date
04 April 2025
Procedural Posture
Probate/inheritance Dispute / Application for Judgment Following Breach of Unless Order
Outcome
Judgment for the Plaintiffs
Legal Topics
Removal of Executrix, Rapport À La Masse, Unless Orders, Lifetime Gifts, Costs
Probate Civil Procedure Removal of Executrix Rapport À La Masse Unless Orders Lifetime Gifts Costs

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Parties

David Fisher and Others

Plaintiffs

Susan Walker

Defendant

Procedural Posture

Probate/inheritance Dispute / Application for Judgment Following Breach of Unless Order

Legal Issues

  1. 1 Whether the Defendant failed to comply with unless orders regarding disclosure and payment into court
  2. 2 Whether the Defendant's Answer should be struck out and judgment entered for the Plaintiffs for the quantified sum of lifetime gifts

Ratio Decidendi

The Defendant's persistent non-compliance with unless orders and failure to engage with the court justifies striking out her Answer and entering judgment for the Plaintiffs in the quantified sum of £100,826.23, with costs to follow the event.

Court Disposition

Judgment for the Plaintiffs

Orders

  • Defendant's Answer struck out
  • Judgment entered for Plaintiffs in the sum of £100,826.23