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

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

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.

Citation
[1994] JLR 60
Parties
Applicant: Wright; Respondent: Rockway Ltd.
Jurisdiction
Jersey
Judgment Date
04 February 1994
Procedural Posture
Civil / Application for Leave to Serve Out of Jurisdiction
Outcome
Not specified
Legal Topics
Service Out of Jurisdiction, Standard of Proof
Civil Procedure Service Out of Jurisdiction Standard of Proof

Case Brief

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Parties

Wright

Applicant

Rockway Ltd.

Respondent

Procedural Posture

Civil / Application for Leave to Serve Out of Jurisdiction

Legal Issues

  1. 1 What is the standard of proof required for a party applying for leave to serve out of jurisdiction?

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