S and Company J Limited v T (Matrimonial) [2024] JRC 230 (21 October 2024)

S and Company J Limited v T (Matrimonial) [2024] JRC 230 (21 October 2024)

The Particulars of Claim fail to disclose a reasonable cause of action as they do not properly plead that any injunction was wrongly granted, and the amendments proposed are hopeless and amount to an abuse of process. The claim and amendments are struck out.

Citation
[2024] JRC 230
Parties
Claimant: S; Defendant: T
Jurisdiction
Jersey
Judgment Date
21 October 2024
Procedural Posture
Civil / Application to Strike Out and Application to Amend Pleadings
Outcome
claim struck out
Legal Topics
Injunctions, Damages Inquiry, Pleadings, Abuse of Process, Amendment of Claim
Civil Procedure Family Law Injunctions Damages Inquiry Pleadings Abuse of Process Amendment of Claim

Case Brief

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Parties

S

Claimant

T

Defendant

Procedural Posture

Civil / Application to Strike Out and Application to Amend Pleadings

Legal Issues

  1. 1 Whether the claim for an enquiry into damages discloses a reasonable cause of action
  2. 2 Whether the injunctions were wrongly granted
  3. 3 Whether amendments to the claim should be permitted

Ratio Decidendi

The Particulars of Claim fail to disclose a reasonable cause of action as they do not properly plead that any injunction was wrongly granted, and the amendments proposed are hopeless and amount to an abuse of process. The claim and amendments are struck out.

Court Disposition

claim struck out

Orders

  • S's application to amend the Particulars of Claim is refused
  • The Particulars of Claim are struck out for failing to disclose a reasonable cause of action