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Jersey decisions
Decisions matching the current search
The Tribunal refused leave to appeal against a strike-out decision, finding no arguable question of law and no basis to say the outcome was unreasonable.
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.
Newton v Morris and El-Raghy [2018] JRC 175 (19 September 2018)
Strike out refused in a neighbour dispute over proposed excavation and access for expert inspection, with the court finding the claim arguable and not doomed to fail.
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.
Classic Herd Limited -v- Jersey Milk Marketing Board [2014] JRC 127 (10 June 2014)
Strike out application over milk marketing and competition claims. The court held two heads of claim were time-barred tort claims, but one payment claim was contractual and could proceed.
Harcourt Developments Ltd, Esplanade Financial Centre Ltd, Les Jardins Residential Ltd, Les Jardins Developments (Jersey) Ltd and Harcourt Developments (Jersey) Ltd -v- States of Jersey Development Company Ltd and Minister for Treasury and Resources [2014] JRC 092 (09 April 2014)
The Royal Court refused to strike out a claim over negotiated heads of terms, holding it was arguable the agreement imposed enforceable duties despite uncertainty concerns.
Nautech v CSS Ltd. [2014] 1 JLR 361 (20 March 2014)
Application for service out of jurisdiction was justified because the claim fell within the relevant rules, raised a serious issue, and Jersey was the forum conveniens.
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