Veka v Picot [2000] JCA 206 (25 October 2000)

Veka v Picot [2000] JCA 206 (25 October 2000)

Leave to appeal granted subject to conditions lapses if those conditions are not fulfilled; stays granted pending appeal must be discharged when appeal is not pursued with due diligence and leave is no longer operative.

Citation
[2000] JCA 206
Parties
Plaintiff/respondent: Veka AG; Defendant/appellant: TA Picot (CI) Ltd; Defendant/appellant: Vekaplast Windows (CI) Ltd; Defendant/appellant: Vekaplast Windows (Export) Ltd; Defendant/appellant: Terence Alan Picot
Jurisdiction
Jersey
Judgment Date
25 October 2000
Procedural Posture
Civil Appeal / Application to Discharge Leave to Appeal and Stay Orders
Outcome
Application granted; leave to appeal and stays discharged.
Legal Topics
Appeals, Leave to Appeal, Passing Off, Stay of Orders, Compliance With Conditions
Civil Procedure Intellectual Property Appeals Leave to Appeal Passing Off Stay of Orders Compliance With Conditions

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Parties

Veka AG

Plaintiff/respondent

TA Picot (CI) Ltd

Defendant/appellant

Vekaplast Windows (CI) Ltd

Defendant/appellant

Vekaplast Windows (Export) Ltd

Defendant/appellant

Terence Alan Picot

Defendant/appellant

Procedural Posture

Civil Appeal / Application to Discharge Leave to Appeal and Stay Orders

Legal Issues

  1. 1 Whether leave to appeal to Her Majesty in Council lapses if conditions are not met
  2. 2 Whether stays granted pending appeal should be discharged when appeal is not pursued

Ratio Decidendi

Leave to appeal granted subject to conditions lapses if those conditions are not fulfilled; stays granted pending appeal must be discharged when appeal is not pursued with due diligence and leave is no longer operative.

Court Disposition

Application granted; leave to appeal and stays discharged.

Orders

  • Leave to appeal to Her Majesty in Council for first, second, and third Defendants/Appellants discontinued.
  • Stays of enforcement of Royal Court Order of 30 December 1998 discharged with immediate effect.