Representation of Sheppard re Powell [2021] JRC 061 (02 March 2021)

Representation of Sheppard re Powell [2021] JRC 061 (02 March 2021)

Mrs Powell had no legal or beneficial interest in the property following the dégrèvement and vesting of title in Mr and Mrs Sheppard. The Clameur de Haro cannot be used to prevent the Viscount from executing a lawful court order for possession. The injunction obtained by the Clameur must be discharged.

Citation
[2021] JRC 061
Parties
Representor: D J Sheppard; Criant/respondent: Caroline Powell; Intervener: Attorney General
Jurisdiction
Jersey
Judgment Date
02 March 2021
Procedural Posture
Application to Set Aside Injunction (clameur De Haro) / Hearing and Judgment on Application
Outcome
application granted; injunction discharged
Legal Topics
Clameur De Haro, Remise Des Biens, Cession Générale, Dégrèvement, Eviction, Injunctions
Property Law Insolvency Law Customary Law Clameur De Haro Remise Des Biens Cession Générale Dégrèvement Eviction +1 more

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Parties

D J Sheppard

Representor

Caroline Powell

Criant/respondent

Attorney General

Intervener

Procedural Posture

Application to Set Aside Injunction (clameur De Haro) / Hearing and Judgment on Application

Legal Issues

  1. 1 Whether the Clameur de Haro was validly raised by Mrs Powell in the circumstances
  2. 2 Whether the injunction imposed by the Clameur de Haro should be set aside

Ratio Decidendi

Mrs Powell had no legal or beneficial interest in the property following the dégrèvement and vesting of title in Mr and Mrs Sheppard. The Clameur de Haro cannot be used to prevent the Viscount from executing a lawful court order for possession. The injunction obtained by the Clameur must be discharged.

Court Disposition

application granted; injunction discharged

Orders

  • The injunction obtained by the Clameur de Haro is discharged.
  • Mrs Powell and any other person residing at the property are prohibited from raising the Clameur again in respect of the Viscount giving effect to the order of 27 November 2020 or any subsequent orders for possession.