Leeds Utd v Weston and Levi [2011] JCA 221 (22 November 2011)

Leeds Utd v Weston and Levi [2011] JCA 221 (22 November 2011)

Leave to appeal is not granted by a single judge where the decision below does not disclose manifest misdirection or satisfy the Glazebrook test; the Royal Court was bound by Court of Appeal precedent and exercised its discretion appropriately.

Citation
[2011] JCA 221
Parties
Applicant/plaintiff: Leeds United Football Club Limited; First Respondent/first Defendant: Robert Lawrence Weston; Second Respondent/second Defendant: Melvin Stuart Levi
Jurisdiction
Jersey
Judgment Date
22 November 2011
Procedural Posture
Application for Leave to Appeal / Single Judge Hearing in Court of Appeal
Outcome
Leave to appeal not granted by single judge; application referred to full Court of Appeal.
Legal Topics
Forum Conveniens, Stay of Proceedings, Leave to Appeal
Civil Procedure Forum Conveniens Stay of Proceedings Leave to Appeal

Case Brief

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Parties

Leeds United Football Club Limited

Applicant/plaintiff

Robert Lawrence Weston

First Respondent/first Defendant

Melvin Stuart Levi

Second Respondent/second Defendant

Procedural Posture

Application for Leave to Appeal / Single Judge Hearing in Court of Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted against an order staying proceedings on grounds of forum conveniens
  2. 2 Whether the Royal Court misdirected itself in law or failed to consider relevant/irrelevant factors

Ratio Decidendi

Leave to appeal is not granted by a single judge where the decision below does not disclose manifest misdirection or satisfy the Glazebrook test; the Royal Court was bound by Court of Appeal precedent and exercised its discretion appropriately.

Court Disposition

Leave to appeal not granted by single judge; application referred to full Court of Appeal.

Orders

  • Application for leave to appeal referred to full Court of Appeal for decision