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Jersey Case Law

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Civil procedure [2017] JRC 153

Piazza -v- Larsen Ltd

Piazza -v- Larsen Ltd [2017] JRC 153 (20 September 2017)

The Royal Court refused to strike out a negligence and contract claim for want of prosecution, finding a six-month delay inexcusable but not warranting dismissal.

  • Strike out applications
  • Want of prosecution
  • Delay in litigation
  • Case management
  • Remedies for procedural breach
  • Want-of-prosecution
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Civil procedure [2017] JRC 151

Consolidated Resources -v- Global Gold

Consolidated Resources -v- Global Gold [2017] JRC 151 (18 September 2017)

The Royal Court found abuse of process and want of prosecution, but gave the plaintiff 28 days to narrow its claims and pay costs before automatic strike-out.

  • Abuse of process
  • Want of prosecution
  • Stay of proceedings
  • Costs orders
  • Arbitration agreement
  • Exclusive jurisdiction
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Civil procedure [2003] JRC 079

De Mouilpied v Sturdy

De Mouilpied v Sturdy [2003] JRC 079 (14 May 2003)

The Royal Court dismissed an appeal against striking out a personal injury claim for want of prosecution, holding that long delay caused sufficient prejudice and risked an unfair trial.

  • Want of prosecution
  • Negligence
  • Duty of care
  • Delay in proceedings
  • Strike out applications
  • Want-of-prosecution
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Civil procedure [2002] JCA 113

McGorrin v Pascoe

McGorrin v Pascoe [2002] JCA 113 (07 June 2002)

The Court of Appeal held that two long-dormant civil actions should be dismissed for inordinate and inexcusable delay causing serious prejudice.

  • Striking out actions
  • Want of prosecution
  • Delay in litigation
  • Discretion to dismiss
  • Limitation periods
  • 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.