Guernsey Judgment 14/2010 - McNamara v Gauson

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1. Action in damages - péremption - Plaintiff's application to restore action to the Rôle des Causes à Plaider - Royal Court Civil Rules, 1989 (Rule 50(b)) still applicable - principles to be taken into account in exercise of the Court's discretion - principles applicable to application to restore and application to strike out compared - Plaintiff's failure to comply with Practice Direction No. 2 of 2008, providing for uniform case management - loss of prescription defences if the action were to be restored - application to restore refused. 2. Application for leave to appeal - interlocutory decision - Plaintiff not out of time - criteria to be considered on an application for leave to appeal - permission will be given unless an appeal would have no real prospect of success - grounds of appeal each considered - held that there was no real prospect of success and that no point of general principle was involved - leave to appeal refused. 3. Decision by Single Judge adjourning to Ple