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Jersey decisions
Decisions matching the current search
The Tribunal dismissed both respondents’ strike-out applications in two linked discrimination proceedings, holding the claims were arguable and should proceed to final hearing.
Halabi v Farrow and Ors (Royal Court : Hearing (Civil) : Cadin : Trust) [2025] JRC 169 (25 June 2025)
The Royal Court struck out Halabi’s claims and granted reverse summary judgment, holding that allegations of fiduciary breach and dishonest assistance were not properly pleaded.
The Tribunal held that the Minister’s childcare exemption decision could amount to a service under Article 22. The strike-out application was refused.
Halabi v Farrow and Ors [2024] JRC 243 (11 November 2024)
The Jersey Royal Court held that it retained discretion to grant relief from sanction after breach of an unless order and excused the Plaintiff’s late payment.
The Tribunal رفض strike out in a disability discrimination claim, but ordered the claimant to provide further clarification and answer specific questions.
The Court of Appeal refused leave to appeal against a strike-out order, holding the claims were prescribed or barred by issue estoppel and abuse of process.
The Royal Court made no order as to costs on a summons to strike out or summarily dismiss a counterclaim, after the defendant conceded it should be dealt with separately.
The Royal Court refused to extend time for seeking leave to appeal and, in any event, would have refused leave, citing repeated procedural default and weak merits.
Appeal from a strike-out decision partly allowed. Most Sharia-law, proper-law, construction, and trust issues were left for trial, but fraud issue estoppel was upheld.
MacFirbhisigh and Ching -v- CI Trustees and Others [2017] JRC 130A (14 August 2017)
The Royal Court refused Sinels’ strike-out and reverse summary judgment application in wasted costs proceedings, holding that causation on the later costs claim should go to trial.
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