In the matter of AA [2011] JCA 140 (20 July 2011)

In the matter of AA [2011] JCA 140 (20 July 2011)

The delay was small, the explanation was credible and not attributable to the applicant, there was no prejudice to the respondent, and the appeal had good arguable grounds; leave to appeal out of time is granted.

Citation
[2011] JCA 140
Parties
Applicant/plaintiff: A; Respondent/defendant: B
Jurisdiction
Jersey
Judgment Date
20 July 2011
Procedural Posture
Application for Leave to Appeal Out of Time / Leave to Appeal Out of Time Granted
Outcome
Leave to appeal out of time granted
Legal Topics
Appeals, Children, Contact Orders, Procedural Time Limits
Family Law Civil Procedure Appeals Children Contact Orders Procedural Time Limits

Case Brief

Summary, issues, holding and outcome

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Parties

A

Applicant/plaintiff

B

Respondent/defendant

Procedural Posture

Application for Leave to Appeal Out of Time / Leave to Appeal Out of Time Granted

Legal Issues

  1. 1 Whether leave to appeal out of time should be granted in a child contact matter
  2. 2 Whether delay in filing notice of appeal is excusable
  3. 3 Whether prospects of success justify granting leave

Ratio Decidendi

The delay was small, the explanation was credible and not attributable to the applicant, there was no prejudice to the respondent, and the appeal had good arguable grounds; leave to appeal out of time is granted.

Court Disposition

Leave to appeal out of time granted

Orders

  • Leave to appeal out of time is granted