Poole (née O’Rourke) v Poole

JurisdictionJersey
CourtRoyal Court
JudgeFauvel, Deputy Judicial Greffier
Judgment Date16 March 1988
Date16 March 1988
Royal Ct.
Fauvel, Deputy Judicial Greffier
Poole (ne O'Rourke) v. Poole

CIVIL PROCEDUREPLEADINGstriking outobviously unsustainable on its face

An action may only be struck out under r.6/13 of the Royal Court Rules, 1982, as disclosing no reasonable cause of action only if the claim is on its face obviously unsustainable. The question is one to be answered on the basis of the allegations made in the pleadings: if the claim discloses some cause of action and has some chance of success, however slight, it should not be struck out.

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1 cases
  • Mackinnon v Mackinnon; Mackinnon v Regent Trust Company Ltd
    • Jersey
    • Court of Appeal
    • 19 May 2005
    ...the Fourth, Fifth, Sixth, and Seventh Defendants. Authorities Re Knights (Jersey) Limited [1962] JJ 207. Re Langlois [ 1985–86 JLR 392]. Poole v Poole (16th March, 1988) Jersey Unreported; [ 1987–88 JLR N-5]. Lazard Bros. v Bois & Bois [ 1987–88 JLR 639]. Rahman v Chase Bank (CI) Trust Co L......

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