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Jersey decisions
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The Tribunal struck out the unfair dismissal part of Ms Gray’s claim, finding that the alleged conduct could not amount to a fundamental breach of contract.
Pickersgill v Young [2021] JRC 264 (15 October 2021)
The court refused a strike out and prescription application in a medical negligence claim, holding that contractual claims were not time-barred and tort claims were extended by valid agreement.
Brakspear -v- Nedgroup Trust (Jersey) Limited [2018] JRC 121 (05 July 2018)
The Royal Court struck out a trust claim, holding the plaintiffs’ allegations were prescribed, insufficiently particularised as fraud, and barred by res judicata.
Brakspear v Nedbank [2018] JRC 037 (14 February 2018)
The court refused to adjourn a Bankers' Book Evidence application pending a strike-out hearing, holding it should be decided on its merits.
CMC & Ors v Forster & Anor [2017] JRC 141 (06 September 2017)
The Royal Court refused to strike out third-party proceedings against Mr Njonjo, holding the contribution and indemnity claim was arguable and should proceed.
Lapidus -v- Le Blancq and Voisin and Co [2013] JRC 181A (16 September 2013)
The Jersey Royal Court refused to strike out a claim against solicitors, holding the plaintiff had arguable claims in contract and tort arising from a property transfer.
Harcourt -v- States of Jersey Development [2012] JRC 186 (15 October 2012)
The Royal Court struck out, but allowed amendment, claims against the Minister because the pleadings did not disclose a reasonable cause of action in contract, tort, or unjust enrichment.
The Court of Appeal refused renewed leave to appeal against an adjournment of a strike-out hearing, finding no arguable error, no important question of law, and little practical utility.
1999/76 - Mayo & Ors v Anagram & Ors [1999] UR 76 (5 May 1999)
Interlocutory Jersey ruling on stay, discovery, amendment, and strike-out applications. The court dismissed a stay request, made discovery unless orders, required particulars for amendment, and struck out unsupported loss claims.
1998/207 - Cooper v Lieutenant Governor [1998] UR 207 (20 October 1998)
The Royal Court of Jersey struck out an Order of Justice as misconceived and hopeless, holding the claims were barred by res judicata and outside its jurisdiction.
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