McGorrin v Pascoe [2002] JRC 59 (12 March 2002)

McGorrin v Pascoe [2002] JRC 59 (12 March 2002)

The defendant failed to comply with unless orders and provided no credible evidence that English proceedings were extant; procedural games must end and documents must be filed with the Jersey Court regardless of English proceedings.

Citation
[2002] JRC 59
Parties
Defendant: Executor Trustee Company; Defendant: Rigby; Plaintiff: Unnamed Plaintiff
Jurisdiction
Jersey
Judgment Date
12 March 2002
Procedural Posture
Civil / Interlocutory Appeal
Outcome
documents to be filed within 14 days; further proceedings stayed pending Court of Appeal decision
Legal Topics
Unless Orders, Extension of Time, Accounting, Stay of Proceedings
Civil Procedure Trusts Unless Orders Extension of Time Accounting Stay of Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Executor Trustee Company

Defendant

Rigby

Defendant

Unnamed Plaintiff

Plaintiff

Procedural Posture

Civil / Interlocutory Appeal

Legal Issues

  1. 1 Whether the defendant complied with unless orders
  2. 2 Whether proceedings in England are still extant
  3. 3 Whether extensions of time should be granted

Ratio Decidendi

The defendant failed to comply with unless orders and provided no credible evidence that English proceedings were extant; procedural games must end and documents must be filed with the Jersey Court regardless of English proceedings.

Court Disposition

documents to be filed within 14 days; further proceedings stayed pending Court of Appeal decision

Orders

  • Documents required by the Master on 7th January to be filed within 14 days.
  • Further proceedings stayed until Court of Appeal decision.