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Jersey Case Law

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Civil procedure [2016] 1 JLR 77

Mayhew Ltd. v. Bois Bois

Mayhew Ltd. v. Bois Bois [2016] 1 JLR 77 (26 January 2016)

Case management costs decision on a late summons for directions. The Master treated the plaintiff’s delay as a starting point for costs, but reduced the award to 50%.

  • Case management
  • Costs
  • Summons for directions
  • Civil-procedure
  • Case-management
  • Summons-for-directions
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Civil procedure [2012] JRC 140A

Crill Canavan -v- MacKinnon

Crill Canavan -v- MacKinnon [2012] JRC 140A (23 July 2012)

Appeal against strike-out succeeded: the court reinstated both the claim and counterclaim under Rule 6/26, finding the balance of justice favoured continuation.

  • Striking out proceedings
  • Delay in prosecution
  • Summons for directions
  • Breach of contract
  • Negligence
  • Access to justice
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Civil procedure [2009] JRC 233

Eckman -v- Sidem

Eckman -v- Sidem [2009] JRC 233 (07 December 2009)

Appeal in a Pauline action against dismissal for delay succeeded. The court found inordinate delay but no serious prejudice, so the claim was reinstated.

  • Dismissal for want of prosecution
  • Pauline action
  • Delay in litigation
  • Summons for directions
  • Proportionality of sanctions
  • Article 6 echr
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Family law [2007] JRC 139

B -v- M-R

B -v- M-R [2007] JRC 139 (17 July 2007)

The Royal Court allowed a husband’s appeal against strike-out for failing to seek directions in time, finding his delay excusable in exceptional family circumstances.

  • Striking out for procedural default
  • Summons for directions
  • Matrimonial finance
  • Delay in prosecution
  • Case management
  • Striking-out
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Civil procedure [2007] JRC 091

Lescroel v Le Vesconte

Lescroel v Le Vesconte [2007] JRC 091 (30 April 2007)

Appeal allowed from a strike-out for failure to issue a summons for directions; the court reinstated the action and granted leave to appeal out of time.

  • Striking out actions
  • Summons for directions
  • Appeal out of time
  • Case management
  • Civil-procedure
  • Strike-out
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Civil procedure

Cannon v Nicol (nee Fox)

Cannon v Nicol (nee Fox) [2004] JLR_Note 48 (02 November 2004)

A Jersey directions hearing in a civil case concerning case management and a summons for directions on how the action should proceed.

  • Case management
  • Summons for directions
  • Civil-procedure
  • Case-management
  • Summons-for-directions
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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.