Vezier v Bellego [1994] JLR 75 (15 February 1994)

Vezier v Bellego [1994] JLR 75 (15 February 1994)

Where two actions are erroneously brought by different parties under the Fatal Accidents (Jersey) Law 1962, the court may add the parties of one action to the other and withdraw the second action; such actions are not void per se under the Royal Court Rules 1992.

Citation
[1994] JLR 75
Parties
Plaintiff: Vezier; Defendant: Bellego
Jurisdiction
Jersey
Judgment Date
15 February 1994
Procedural Posture
Tort Fatal Accidents / Interlocutory Application Regarding Multiple Actions
Outcome
Actions may be consolidated; second action to be withdrawn after addition of parties.
Legal Topics
Fatal Accidents, Multiplicity of Actions, Procedural Law
Tort Law Fatal Accidents Multiplicity of Actions Procedural Law

Case Brief

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Parties

Vezier

Plaintiff

Bellego

Defendant

Procedural Posture

Tort Fatal Accidents / Interlocutory Application Regarding Multiple Actions

Legal Issues

  1. 1 Whether more than one action may be brought under the Fatal Accidents (Jersey) Law 1962 following a death
  2. 2 Whether actions brought by different parties are void ab initio or may be consolidated

Ratio Decidendi

Where two actions are erroneously brought by different parties under the Fatal Accidents (Jersey) Law 1962, the court may add the parties of one action to the other and withdraw the second action; such actions are not void per se under the Royal Court Rules 1992.

Court Disposition

Actions may be consolidated; second action to be withdrawn after addition of parties.

Orders

  • Add parties of one action to the other
  • Withdraw the second action