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Jersey Case Law

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Family law [2007] JRC 199

B -v- MR

B -v- MR [2007] JRC 199 (22 October 2007)

The Royal Court allowed an appeal against strike-out of a matrimonial financial claim, holding that the husband’s delay was in the circumstances excusable.

  • Delay in prosecution
  • Striking out actions
  • Matrimonial finance
  • Inherent jurisdiction
  • Excusable delay
  • Want-of-prosecution
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Civil procedure [2007] JLR 273

Lescroel v Le Vesconte

Lescroel v Le Vesconte [2007] JLR 273 (30 April 2007)

Case management decision on striking out for failure to issue a summons for directions on time under Royal Court Rules 2004, r. 6/26(13).

  • Case management
  • Directions for conduct of action
  • Striking out actions
  • Royal court rules 2004 r.6/26(13)
  • Civil-procedure
  • Case-management
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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 [2005] JCA 119

Barker -v- Vint & Ors

Barker -v- Vint & Ors [2005] JCA 119 (18 July 2005)

The Court of Appeal refused Mr Barker’s applications for an extension of time and leave to appeal after a long, unexplained delay and a hopeless appeal.

  • Extension of time
  • Leave to appeal
  • Striking out actions
  • Litigant in person
  • Adjournment
  • Civil-procedure
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Civil procedure [2004] JRC 191

Cannon v Nicol

Cannon v Nicol [2004] JRC 191 (02 November 2004)

The Royal Court refused to strike out a partnership dispute for delay, ordered further particulars on an allegation of conversion, and granted directions to proceed.

  • Striking out actions
  • Extension of time
  • Pleading requirements
  • Conversion
  • Partnership disputes
  • Civil-procedure
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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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Civil procedure [1990] JLR 88

Skinner v Myles

Skinner v Myles [1990] JLR 88 (27 March 1990)

A Jersey court held that a plaintiff suing near the end of the limitation period must act with heightened expedition, or the claim may be struck out for delay.

  • Limitation of actions
  • Delay in prosecution
  • Striking out actions
  • Limitation-of-actions
  • Delay-in-prosecution
  • Strike-out-of-actions
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