B Settlement v [2001] JRC 144A (07 July 2001)

B Settlement v [2001] JRC 144A (07 July 2001)

The President can sit alone on procedural Article 47 applications as no facts are to be found and judicial discretion is exercised.

Citation
[2001] JRC 144A
Jurisdiction
Jersey
Judgment Date
07 July 2001
Procedural Posture
Article 47 Application Under Trusts (jersey) Law / Procedural Ruling
Outcome
Ruling issued: President may sit alone for procedural Article 47 applications.
Legal Topics
Judicial Discretion, Court Composition
Trusts Law Procedural Law Judicial Discretion Court Composition

Case Brief

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Procedural Posture

Article 47 Application Under Trusts (jersey) Law / Procedural Ruling

Legal Issues

  1. 1 Whether Jurats are required to sit on an Article 47 application under Trusts (Jersey) Law

Ratio Decidendi

The President can sit alone on procedural Article 47 applications as no facts are to be found and judicial discretion is exercised.

Court Disposition

Ruling issued: President may sit alone for procedural Article 47 applications.

Orders

  • Jurats will leave; proceedings will continue after adjournment.