Jersey Judgment

Wright v Rockway Ltd. [1994] JLR 60 (04 February 1994)

Civil Procedure Service Out of Jurisdiction Standard of Proof

Citation: [1994] JLR 60
Status: Judgment
Jurisdiction: Jersey
Posture: Civil / Application for Leave to Serve Out of Jurisdiction

More details

Posture: Civil / Application for Leave to Serve Out of Jurisdiction

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Source document

Holding and result

A party applying for leave to serve out of jurisdiction must demonstrate a good arguable case on the merits, which is a higher threshold than a prima facie case, requiring a serious question to be tried based on affidavit evidence.

Court disposition

Not specified

Material facts

Parties

Wright

Applicant

Rockway Ltd.

Respondent

Procedural history

Posture

Civil / Application for Leave to Serve Out of Jurisdiction

Questions and positions

Legal issues

What is the standard of proof required for a party applying for leave to serve out of jurisdiction?

Party arguments

Applicant: The applicant must show a good arguable case on the merits, which is more than a mere prima facie case.
Respondent: The respondent may argue that the applicant has not met the required standard of proof for leave to serve out of jurisdiction.

Court’s reasoning

Legal principles

01
[1994] JLR 60

The applicant must show a good arguable case on the merits, i.e., more than a mere prima facie case. On affidavit evidence, there must be a serious question to be tried.

Ratio, limits and disposition

Ratio decidendi

A party applying for leave to serve out of jurisdiction must demonstrate a good arguable case on the merits, which is a higher threshold than a prima facie case, requiring a serious question to be tried based on affidavit evidence.

Court disposition

Not specified

Source and reliance status

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Judgment

[1994] JLR 60

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BAILII >> Databases >> Jersey Law Reports >> Wright v Rockway Ltd. [1994] JLR 60 (04 February 1994) URL: https://www.bailii.org/je/cases/JLR/1994/JLR940060.html Cite as: [1994] JLR 60 [ New search ] [ Help ] Wright v Rockway Ltd. 1994 JLR 60 (04 February 1994) Civil Procedure - service out of jurisdiction - standard of proof - party applying for leave to show good arguable case on merits, i.e. more than mere prima facie case-on affidavit evidence, must be serious question to be tried 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: 1994 JLR 60 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1994/JLR940060.html

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