Wadman v Dick [1993] JLR 52 (22 April 1993)
- Citation
- [1993] JLR 52
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Application for Assistance to Foreign Court / Ruling on Letters of Request
More details
- Posture
- Application for Assistance to Foreign Court / Ruling on Letters of Request
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Letters of Request from a foreign court can be amended by excision, addition, or substitution of words under Jersey law, provided the substance is not altered.
Court disposition
request partially granted
Orders
- Letters of Request to be amended as permitted under Service of Process and Taking of Evidence (Jersey) Law 1960, art. 4
02
Material facts
Parties
Wadman
ApplicantDick
Respondent03
Procedural history
Posture
Application for Assistance to Foreign Court / Ruling on Letters of Request
04
Questions and positions
Legal issues
- 01
Effect to be given to Letters of Request from foreign court under Jersey law
- 02
Permissibility of amending Letters of Request
Party arguments
- Applicant
- Applicant sought effect to be given to Letters of Request from a foreign court for examination of witnesses under Jersey law.
- Respondent
- Respondent objected to the scope of the request, arguing it was too widely framed.
05
Court’s reasoning
Legal principles
- 01
Service of Process and Taking of Evidence (Jersey) Law 1960, art. 4, as amended
Letters of Request from a foreign court may be given effect in Jersey so far as proper, permissible, or practicable under Jersey law.
- 02
Service of Process and Taking of Evidence (Jersey) Law 1960, art. 4, as amended
A request too widely framed may be amended by excision, addition, or substitution of words, provided the substance is not altered.
06
Ratio, limits and disposition
Ratio decidendi
Letters of Request from a foreign court can be amended by excision, addition, or substitution of words under Jersey law, provided the substance is not altered.
Court disposition
request partially granted
- Letters of Request to be amended as permitted under Service of Process and Taking of Evidence (Jersey) Law 1960, art. 4
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
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Judgment text
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Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Wadman v Dick [1993] JLR 52 (22 April 1993) URL: https://www.bailii.org/je/cases/JLR/1993/JLR930052.html Cite as: [1993] JLR 52 [ New search ] [ Help ] Wadman v Dick 1993 JLR 52 (22 April 1993) Evidence - assistance to foreign court - examination of witnesses - effect to be given to Letters of Request from foreign court in so far as proper, permissible or practicable under Jersey Law-request too widely framed may be amended by excision, addition or substitution of words under Service of Process and Taking of Evidence (Jersey) Law 1960, art. 4, as amended, provided substance not altered The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1993 JLR 52 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1993/JLR930052.html
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