X v. Y (Estate) [2014] 2 JLR 444 (23 October 2014)
- Citation
- [2014] 2 JLR 444
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Tort Personal Injuries Damages / Application for Periodical Payments Order
More details
- Posture
- Tort Personal Injuries Damages / Application for Periodical Payments Order
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court has inherent jurisdiction to make a consent order for periodical payments in personal injury cases if the conditions precedent to such an order under the English Damages Act 1996 are satisfied and the parties submit to directions to allow the court to supervise the order.
Court disposition
Consent order for periodical payments may be made if conditions are satisfied and parties submit to directions.
02
Material facts
Parties
X
PlaintiffY (Estate)
Defendant03
Procedural history
Posture
Tort Personal Injuries Damages / Application for Periodical Payments Order
04
Questions and positions
Legal issues
- 01
Whether the court can make a consent order for periodical payments comparable to those under the English Damages Act 1996
- 02
What conditions must be satisfied for such an order
Party arguments
- Applicant
- The court should exercise its inherent jurisdiction to make a consent order for periodical payments, provided the conditions precedent to an order under the English Damages Act 1996 are met and the parties submit to directions.
- Respondent
- No specific respondent argument is provided in the summary.
05
Court’s reasoning
Legal principles
- 01
English Damages Act 1996; inherent jurisdiction of the court
The court may, in exercise of its inherent jurisdiction, make a consent order for periodical payments comparable to orders made under the English Damages Act 1996 if satisfied as to the conditions precedent to making such an order in England and if the parties submit to directions so the court can police the order during the plaintiff's lifetime.
06
Ratio, limits and disposition
Ratio decidendi
The court has inherent jurisdiction to make a consent order for periodical payments in personal injury cases if the conditions precedent to such an order under the English Damages Act 1996 are satisfied and the parties submit to directions to allow the court to supervise the order.
Court disposition
Consent order for periodical payments may be made if conditions are satisfied and parties submit to directions.
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.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> X v. Y (Estate) [2014] 2 JLR 444 (23 October 2014) URL: https://www.bailii.org/je/cases/JLR/2014/JLR142444.html Cite as: [2014] 2 JLR 444 [ New search ] [ Help ] X v. Y (Estate) 2014 (2) JLR 444 (23 October 2014) Tort-personal injuries-damages-periodical payments-court may, in exercise of inherent jurisdiction, make consent order for periodical payments comparable to orders made under English Damages Act 1996 if (a) satisfied as to conditions precedent to making order in England (i.e. order appropriate and continuity of payment reasonably secure); and (b) parties submit to directions (so court can police order during plaintiff's lifetime) 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: 2014 (2) JLR 444 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2014/JLR142444.html
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