1998/145 - Le Maistre v Benest [1998] UR 145 (9 July 1998)

1998/145 - Le Maistre v Benest [1998] UR 145 (9 July 1998)

The appeal is dismissed because Mr Benest failed to remedy deficiencies in disclosure and did not provide evidence of good faith efforts to pay; the Acte à peine de prison remains valid, subject to final opportunity for disclosure within 28 days, after which detention will be enforced if compliance is not met.

Citation
[1998] UR 145
Parties
Respondent/plaintiff: Lily Ellen Mary Le Maistre; Appellant/defendant: Roger Sydney Benest
Jurisdiction
Jersey
Judgment Date
09 July 1998
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Acte À Peine De Prison, Imprisonment for Debt, Disclosure of Financial Means, Application of International Treaties, Costs in Civil Appeals
Civil Procedure Debt Enforcement Human Rights Acte À Peine De Prison Imprisonment for Debt Disclosure of Financial Means Application of International Treaties Costs in Civil Appeals

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Parties

Lily Ellen Mary Le Maistre

Respondent/plaintiff

Roger Sydney Benest

Appellant/defendant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Acte à peine de prison should be enforced against the debtor
  2. 2 Whether Jersey law should be developed in light of international human rights treaties
  3. 3 Whether the debtor has made proper disclosure and efforts to pay

Ratio Decidendi

The appeal is dismissed because Mr Benest failed to remedy deficiencies in disclosure and did not provide evidence of good faith efforts to pay; the Acte à peine de prison remains valid, subject to final opportunity for disclosure within 28 days, after which detention will be enforced if compliance is not met.

Court Disposition

appeal dismissed

Orders

  • Mr Benest must provide a full affidavit of financial position with supporting documents within 28 days.
  • If Mr Benest fails to comply, Acte à peine de prison will be enforced by detention.