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Jersey Case Law

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Civil-procedure [2014] JRC 187

Hong Kong Foods Ltd and Another -v- Robin Hood and Another

Hong Kong Foods Ltd and Another -v- Robin Hood and Another [2014] JRC 187 (29 September 2014)

The Royal Court of Jersey allowed a delayed action to continue despite a breach of procedural rules, but ordered the plaintiffs to pay costs on the standard basis.

  • Strike-out-for-want-of-prosecution
  • Assignment-of-lease
  • Delay-in-prosecution
  • Counterclaim
  • Mediation
  • Costs-sanctions
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Civil-procedure [2013] JRC 251

Viera -v- Kordas and The Motor Insurers' Bureau

Viera -v- Kordas and The Motor Insurers' Bureau [2013] JRC 251 (11 December 2013)

The Royal Court struck out a road traffic claim for inordinate, inexcusable delay, holding the action was an abuse of process and that a fair trial was no longer possible.

  • Strike-out-for-want-of-prosecution
  • Abuse-of-process
  • Road-traffic-accident
  • Limitation-period
  • Delay-in-litigation
  • Strike-out
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Civil-procedure [2013] JRC 183A

Begg -v- Raynes

Begg -v- Raynes [2013] JRC 183A (19 September 2013)

The Master struck out an action for unpaid legal fees because the plaintiff’s delay was inordinate and inexcusable, and no order as to costs was made.

  • Strike-out-for-want-of-prosecution
  • Adjudication-of-legal-fees
  • Delay-in-litigation
  • Case-management
  • Legal-fees
  • Jersey-civil-procedure
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Civil-procedure [2006] JCA 025

Cooney -v- Mann 13-Feb-2006

Cooney -v- Mann 13-Feb-2006 [2006] JCA 025 (13 February 2006)

The Jersey Court of Appeal dismissed an appeal against refusal to strike out a claim for want of prosecution, holding the delay was inordinate and inexcusable but not enough to disturb the Master’s discretion.

  • Strike-out-for-want-of-prosecution
  • Judicial-discretion
  • Delay-in-prosecution
  • Civil-procedure
  • Want-of-prosecution
  • Strike-out
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Civil-procedure [2005] JRC 048

Clark v Public Services Committee of the States of Jersey

Clark v Public Services Committee of the States of Jersey [2005] JRC 048 (19 April 2005)

Appeal dismissed in a Jersey personal injury case where the court upheld strike-out for inordinate and inexcusable delay in prosecuting the claim.

  • Delay-in-prosecution
  • Striking-out-for-want-of-prosecution
  • Limitation-period
  • Negligence
  • Duty-of-care
  • Public-liability
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Company-law [2004] JRC 131

Gamlestaden Fastigheter Ab v Baltic Partners Limit

Gamlestaden Fastigheter Ab v Baltic Partners Limit [2004] JRC 131 (22 July 2004)

The Jersey Royal Court struck out Gamlestaden’s unfair prejudice representation, holding there was no shareholder value in an insolvent company and that the claim was also barred by delay.

  • Unfair-prejudice
  • Shareholder-remedies
  • Strike-out-for-want-of-prosecution
  • Jurisdiction-under-companies-(jersey)-law
  • Company-law
  • Jersey-civil-procedure
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Civil-procedure [2004] JRC 103

Boyd v Pickersgill and Le Cornu

Boyd v Pickersgill and Le Cornu [2004] JRC 103 (09 June 2004)

The Jersey Royal Court dismissed a professional negligence claim for want of prosecution after finding inordinate, inexcusable delay and serious prejudice.

  • Strike-out-for-want-of-prosecution
  • Delay
  • Prejudice
  • Prescription
  • Professional-negligence
  • Breach-of-contract
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Civil-procedure [2003] JRC 114A

Bourne -v- Axford, Russell, Collins, Lewin, Russell Limebeer, Lloyds Bank Plc and Sierra Trust Company Limited

Bourne -v- Axford, Russell, Collins, Lewin, Russell Limebeer, Lloyds Bank Plc and Sierra Trust Company Limited [2003] JRC 114A (07 July 2003)

The Royal Court appeal was dismissed: the plaintiff’s inordinate delay in prosecuting a land-development dispute created a serious risk of unfair trial from faded witness recollection.

  • Delay-in-prosecution
  • Strike-out-for-want-of-prosecution
  • Prejudice-to-fair-trial
  • Costs
  • Leave-to-appeal
  • Civil-procedure
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Civil-procedure [2003] JRC 025

de Moulipied v Sturdy

de Moulipied v Sturdy [2003] JRC 025 (04 February 2003)

The Royal Court of Jersey struck out a personal injury claim for want of prosecution after finding inordinate, inexcusable delay and likely prejudice to the defendant.

  • Strike-out-for-want-of-prosecution
  • Inordinate-and-inexcusable-delay
  • Prejudice-to-defendant
  • Fair-trial
  • Case-management
  • Want-of-prosecution
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Jersey decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.