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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 [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
  • Abuse-of-process
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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
  • Strike-out-for-want-of-prosecution
  • Delay-in-litigation
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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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Civil procedure [2005] JRC 097

Citco Jersey Limited -v- Bowden and Bank of Ireland (Jersey) Limited

Citco Jersey Limited -v- Bowden and Bank of Ireland (Jersey) Limited [2005] JRC 097 (14 July 2005)

The court dismissed an appeal against strike-out, holding that long and unexplained delay caused serious prejudice and amounted to an abuse of process.

  • Abuse of process
  • Delay in litigation
  • Breach of mandate
  • Fiduciary duty
  • Banker-customer relationship
  • Abuse-of-process
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Civil procedure [2004] JRC 053A

Barker -v- Myles and Ors

Barker -v- Myles and Ors [2004] JRC 053A (18 March 2004)

The Royal Court refused Mr Barker an extension of time to appeal striking-out orders, finding the long delays in his actions were unjustified and prejudicial.

  • Extension of time
  • Striking out of actions
  • Appeal procedure
  • Case management
  • Delay in litigation
  • Extension-of-time
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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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