Poole (née O’Rourke) v Poole

• Jurisdiction: Jersey
• Court: Royal Court
• Judge: Fauvel, Deputy Judicial Greffier
• Judgment Date: 16 March 1988
• Date: 16 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.