The X Children v Minister for Health and Social Services [2012] JRC 176 (05 October 2012)

The X Children v Minister for Health and Social Services [2012] JRC 176 (05 October 2012)

Leave is granted to the Minister to amend her answer under Rule 6/12(1) on usual terms as to costs for the amendment, but not as a term for judgment. Judgment is granted for the plaintiffs on the admissions made in the amended answer under Rule 6/19, as both negligence and some damage are admitted. No order for costs on the judgment is made at this stage; costs are reserved for the final hearing.

Citation
[2012] JRC 176
Parties
Plaintiff: Three Children (Plaintiffs); Defendant: Minister (Defendant)
Jurisdiction
Jersey
Judgment Date
05 October 2012
Procedural Posture
Personal Injuries Claim / Application to Amend Answer and for Judgment on Admissions
Outcome
Leave to amend answer granted; judgment for plaintiffs on admissions; no order as to costs on judgment at this stage.
Legal Topics
Negligence, Amendment of Pleadings, Judgment on Admissions, Costs, Liability for Personal Injury
Tort Law Civil Procedure Child Protection Negligence Amendment of Pleadings Judgment on Admissions Costs Liability for Personal Injury

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Three Children (Plaintiffs)

Plaintiff

Minister (Defendant)

Defendant

Procedural Posture

Personal Injuries Claim / Application to Amend Answer and for Judgment on Admissions

Legal Issues

  1. 1 Whether leave should be granted to amend the defendant's answer under Royal Court Rule 6/12(1)
  2. 2 Whether judgment should be entered for the plaintiffs on the admissions made by the defendant
  3. 3 Whether costs should be awarded to the plaintiffs on the judgment

Ratio Decidendi

Leave is granted to the Minister to amend her answer under Rule 6/12(1) on usual terms as to costs for the amendment, but not as a term for judgment. Judgment is granted for the plaintiffs on the admissions made in the amended answer under Rule 6/19, as both negligence and some damage are admitted. No order for costs on the judgment is made at this stage; costs are reserved for the final hearing.

Court Disposition

Leave to amend answer granted; judgment for plaintiffs on admissions; no order as to costs on judgment at this stage.

Orders

  • Leave granted to Minister to file amended answer under Rule 6/12(1) on usual terms as to costs for amendment.
  • Judgment granted for plaintiffs on admissions in amended answer under Rule 6/19.