X Children v H.&S.S. Min. [2011] JLR 772 (28 September 2011)

X Children v H.&S.S. Min. [2011] JLR 772 (28 September 2011)

The court emphasized the desirability of resolving all matters at trial in personal injuries cases, given the potential for delays and increased costs if preliminary issues are appealed, and expressed concern about determining preliminary issues before full fact finding.

Citation
[2011] JLR 772
Parties
Applicant: X Children; Respondent: H.&S. S. Minister
Jurisdiction
Jersey
Judgment Date
28 September 2011
Procedural Posture
Civil / Trial of Preliminary Issue
Outcome
Preliminary issue not determined separately; all matters to proceed to trial.
Legal Topics
Preliminary Issues, Personal Injuries, Trial Procedure
Civil Procedure Preliminary Issues Personal Injuries Trial Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

X Children

Applicant

H.&S. S. Minister

Respondent

Procedural Posture

Civil / Trial of Preliminary Issue

Legal Issues

  1. 1 Whether a preliminary issue should be tried in a personal injuries case

Ratio Decidendi

The court emphasized the desirability of resolving all matters at trial in personal injuries cases, given the potential for delays and increased costs if preliminary issues are appealed, and expressed concern about determining preliminary issues before full fact finding.

Court Disposition

Preliminary issue not determined separately; all matters to proceed to trial.