Representation of De Gruchy and the Parish of Trinity [2024] JRC 082 (09 April 2024)

Representation of De Gruchy and the Parish of Trinity [2024] JRC 082 (09 April 2024)

The Clameur de Haro is a possessory remedy and may only be raised by a person in possession of the disputed land. The Representor was not in possession, as the Parish had tarmacked and possessed the road for a significant period. Therefore, the Clameur was improperly raised, justifying a fine and an order for costs against the Representor.

Citation
[2024] JRC 082
Parties
Representor: Nicola Roselle De Gruchy; First Respondent: Parish of Trinity; Second Respondent: Connétable of the Parish of Trinity; Partie Publique: Solicitor General
Jurisdiction
Jersey
Judgment Date
09 April 2024
Procedural Posture
Representation (clameur De Haro) / Judgment on Merits and Costs
Outcome
Clameur de Haro declared incorrectly raised; Representor fined and ordered to pay costs.
Legal Topics
Clameur De Haro, Possession Vs Ownership, Costs Orders, Summary Injunctive Relief
Civil Procedure Property Law Customary Law Clameur De Haro Possession Vs Ownership Costs Orders Summary Injunctive Relief

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Parties

Nicola Roselle De Gruchy

Representor

Parish of Trinity

First Respondent

Connétable of the Parish of Trinity

Second Respondent

Solicitor General

Partie Publique

Procedural Posture

Representation (clameur De Haro) / Judgment on Merits and Costs

Legal Issues

  1. 1 Whether the Clameur de Haro was properly raised by the Representor
  2. 2 Whether possession or ownership is required to invoke the Clameur de Haro
  3. 3 Appropriate penalty for improperly raising the Clameur de Haro

Ratio Decidendi

The Clameur de Haro is a possessory remedy and may only be raised by a person in possession of the disputed land. The Representor was not in possession, as the Parish had tarmacked and possessed the road for a significant period. Therefore, the Clameur was improperly raised, justifying a fine and an order for costs against the Representor.

Court Disposition

Clameur de Haro declared incorrectly raised; Representor fined and ordered to pay costs.

Orders

  • Representor fined £1,000 for incorrectly raising the Clameur de Haro.
  • Representor to pay the costs of the Respondents and Partie Publique on the standard basis, to be taxed if not agreed.