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Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> 1999/29B - Eves v R G Financial and Ors [1999] UR 29B (12 February 1999)
URL: http://www.bailii.org/je/cases/UR/1999/29B.html
Cite as: [1999] UR 29B

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ROYAL COURT

(Samedi Division)

12 February 1999

Before: Sir Philip Bailhache, Bailiff and

Jurats Rumfitt and Le Breton

 

Between:David Eves Plaintiff

And Robert Gordon Consultants (Jersey) LimitedFirst Defendant

AndNorwich Union Insurance Group Second Defendant

Application by the Second Defendant to strike out the Plaintiffs Claim

 

 

The Plaintiff on his own behalf

Advocate NM Santos Costa for the Second Defendant

The First Defendant did not appear, and was not represented

 

JUDGMENT

THE BAILIFF: This is an application by the Second Defendant in these proceedings, Norwich Union Insurance Group, to strike out the Order of Justice brought by the Plaintiff on the grounds:

  1. that the Plaintiffs claim discloses no reasonable course of action, and/or:
  2. the Plaintiff ‘s claim is scandalous, frivolous, or vexatious, and/or:
  3. the Plaintiffs claim is otherwise an abuse of the process of the Court.

The Second Defendant further calls upon the Court to exercise its inherent jurisdiction on the ground that the claim is speculative and without any basis in law.

Mr Costa, for the Second Defendant, has relied upon a single fact, which is not in dispute, and that is that Norwich Union Insurance Group is not a legal entity. It appears that the Plaintiff entered a contract with Norwich Union Life Insurance Society (NULIS) and that NULIS fell under the umbrella, as it were, of the Norwich Union Insurance Group.

In April, 1997 as a consequence of an order of the High Court of Justice in England, all the assets, debts, liabilities, rights, and powers, other than certain excluded liabilities and assets of NULIS, were transferred from NULIS to Norwich Union Life and Pensions Limited, with effect from the 15 June 1997.

The rules of this Court provide at Rule 6/29;

"at any stage of the proceedings in any cause or matter the Court may on such terms as it think just, and either of its own motion or on application:

(a) order any person who has been improperly or unnecessarily made a party, or who has for any reason ceased to be a proper or necessary party, to cease to be a party.

(b) order any of the following persons to be added as a party namely:

  1. Any person who ought to have been joined as a party, or who’s presence before the Court is necessary to ensure that all matters in dispute in the cause or matter may be effectively and completely determined and adjudicated."

The Plaintiff in this action is a litigant in person. It appears to the Court to be just to exercise its power under Rule 6/29, and we accordingly propose to order and do order that the name of Norwich Union Insurance Group be deleted from the proceedings and that Norwich Union Insurance Group shall cease to be a party. We further order that Norwich Union Life and Pensions Limited be added as a party to the action in place of Norwich Union Insurance Group, and we order the Plaintiff to take the necessary steps to serve the proceedings upon that Company.

Having made that substitution of parties it follows that the application to strike out the proceedings must be rejected.

Authorities

Royal Court Rules 1992, as amended: Rule 6/29

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URL: http://www.bailii.org/je/cases/UR/1999/29B.html