Home Farm Developments Ltd and Ors -v- Le Sueur [2016] JCA 203 (08 November 2016)

Home Farm Developments Ltd and Ors -v- Le Sueur [2016] JCA 203 (08 November 2016)

Permission to appeal to the Privy Council is refused because the application concerns a case management decision involving the court's discretion, there is no issue of general importance, the application is late, and the Appellants failed to comply with conditions previously set by the court. No error of law or disproportionate interference with access to court was found.

Citation
[2016] JCA 203
Parties
Plaintiff/appellant: Home Farm Developments Limited; Plaintiff/appellant: Strata Developments Limited; Plaintiff/appellant: Shane Holmes; Defendant/respondent: Jamie Le Sueur; Plaintiff/respondent: Jamie Le Sueur; Defendant/appellant: Shane Holmes
Jurisdiction
Jersey
Judgment Date
08 November 2016
Procedural Posture
Civil Appeal / Application for Permission to Appeal to the Privy Council
Outcome
Application dismissed
Legal Topics
Appeal Procedure, Case Management, Amendment of Pleadings, Access to Court, Legal Aid, Rectification, Erreur
Civil Procedure Appeal Procedure Case Management Amendment of Pleadings Access to Court Legal Aid Rectification Erreur

Case Brief

Summary, issues, holding and outcome

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Parties

Home Farm Developments Limited

Plaintiff/appellant

Strata Developments Limited

Plaintiff/appellant

Shane Holmes

Plaintiff/appellant

Jamie Le Sueur

Defendant/respondent

Jamie Le Sueur

Plaintiff/respondent

Shane Holmes

Defendant/appellant

Procedural Posture

Civil Appeal / Application for Permission to Appeal to the Privy Council

Legal Issues

  1. 1 Whether permission to appeal to the Privy Council should be granted against the 18 January judgment and 1 June Act of Court
  2. 2 Whether the court erred in refusing permission to amend pleadings to add a claim in rectification
  3. 3 Whether the refusal to extend time or allow amendment infringed Article 6 ECHR (right of access to court)

Ratio Decidendi

Permission to appeal to the Privy Council is refused because the application concerns a case management decision involving the court's discretion, there is no issue of general importance, the application is late, and the Appellants failed to comply with conditions previously set by the court. No error of law or disproportionate interference with access to court was found.

Court Disposition

Application dismissed

Orders

  • Permission to appeal to the Privy Council against the 18 January judgment and the 1 June Act of Court is refused.