Mubarik v Mubarak [2008] JCA 127A (08 August 2008)

Mubarik v Mubarak [2008] JCA 127A (08 August 2008)

The court declined to order interim maintenance and security for costs as a condition for prosecuting the appeal, finding no evidence of abuse of process in the Jersey proceedings and no jurisdictional basis to impose such a sanction in the absence of a breach of the Bailiff's order or a request for indulgence by the appellant.

Citation
[2008] JCA 127A
Parties
Representor: Aaliya Mubarak; First Respondent: Iqbal Mubarik; Second Respondent: The Craven Trust Company Limited; Third Respondent: Salem Mubarak and Noor Mubarak
Jurisdiction
Jersey
Judgment Date
08 August 2008
Procedural Posture
Application for Interim Maintenance and Security for Costs Pending Appeal / Interlocutory Application Before Appeal Hearing
Outcome
Application adjourned generally with liberty to apply on 3 days' notice
Legal Topics
Interim Maintenance, Security for Costs, Case Management, Appeal Procedure
Family Law Civil Procedure Interim Maintenance Security for Costs Case Management Appeal Procedure

Case Brief

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Parties

Aaliya Mubarak

Representor

Iqbal Mubarik

First Respondent

The Craven Trust Company Limited

Second Respondent

Salem Mubarak and Noor Mubarak

Third Respondent

Procedural Posture

Application for Interim Maintenance and Security for Costs Pending Appeal / Interlocutory Application Before Appeal Hearing

Legal Issues

  1. 1 Whether the court should order interim maintenance and security for costs as a condition for prosecuting an appeal
  2. 2 Whether the court has jurisdiction to impose such conditions under Article 18(1) of the Court of Appeal (Jersey) Law 1961

Ratio Decidendi

The court declined to order interim maintenance and security for costs as a condition for prosecuting the appeal, finding no evidence of abuse of process in the Jersey proceedings and no jurisdictional basis to impose such a sanction in the absence of a breach of the Bailiff's order or a request for indulgence by the appellant.

Court Disposition

Application adjourned generally with liberty to apply on 3 days' notice

Orders

  • Summons not dismissed but adjourned generally
  • Liberty to apply on 3 days' notice