Booth -v- The Viscount [2016] JCA 218 (24 November 2016)

Booth -v- The Viscount [2016] JCA 218 (24 November 2016)

The Code of 1771 did not bar the Viscount from returning the claims to the appellant, and the alternative grounds for refusal were irrelevant or unreasonable. The Viscount's discretion must be exercised reasonably, and none of the reasons advanced justified withholding the claims. The appeal is granted and the matter remitted to the Viscount.

Citation
[2016] JCA 218
Parties
Representor/appellant: Alan Paul Booth; Respondent/respondent: The Viscount of the Royal Court of Jersey
Jurisdiction
Jersey
Judgment Date
24 November 2016
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Désastre Proceedings, Assignment of Claims, Judicial Review of Liquidator Decisions, Champerty and Maintenance, Access to Justice, Legal Aid, European Convention on Human Rights
Insolvency Public Law Human Rights Désastre Proceedings Assignment of Claims Judicial Review of Liquidator Decisions Champerty and Maintenance Access to Justice +2 more

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Parties

Alan Paul Booth

Representor/appellant

The Viscount of the Royal Court of Jersey

Respondent/respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Viscount was barred by the Code of 1771 from returning litigation claims to the appellant
  2. 2 Whether the Viscount's refusal to return the claims was reasonable
  3. 3 Whether human rights (ECHR) arguments required the return of the claims

Ratio Decidendi

The Code of 1771 did not bar the Viscount from returning the claims to the appellant, and the alternative grounds for refusal were irrelevant or unreasonable. The Viscount's discretion must be exercised reasonably, and none of the reasons advanced justified withholding the claims. The appeal is granted and the matter remitted to the Viscount.

Court Disposition

Appeal allowed

Orders

  • Matter remitted to the Viscount for consideration in light of this judgment