MacKinnon v Regent Trust and ors [2005] JCA 066A (19 May 2005)

MacKinnon v Regent Trust and ors [2005] JCA 066A (19 May 2005)

The Court's decision striking out one head of claim was not a final or definitive decision disposing of the parties' rights or ending the proceedings; therefore, it was not a 'decision' within Article 14, and the Appellant had no right of appeal nor could the Court grant leave.

Citation
[2005] JCA 066A
Parties
Plaintiff/appellant: Andrew Kinross MacKinnon; First Defendant/respondent: The Regent Trust Company Limited; Second Defendant: Kenneth James MacKinnon; Third Defendant: Elizabeth Victoria MacKinnon (née Sharman); Fourth Defendant: Sebastian James MacKinnon; Fifth Defendant: Benjamin Thomas Skok MacKinnon; Sixth Defendant: Thomasin Anne Skok MacKinnon; Seventh Defendant: Sophie Linda Skok MacKinnon; Eighth Defendant: Alistair Kinross MacKinnon; Ninth Defendant: Ian James MacKinnon
Jurisdiction
Jersey
Judgment Date
19 May 2005
Procedural Posture
Application for Leave to Appeal / Court of Appeal Judgment on Leave to Appeal to Her Majesty in Council
Outcome
Leave to appeal refused
Legal Topics
Leave to Appeal, Finality of Decisions, Jurisdiction of Court of Appeal, Appeals to Privy Council
Civil Procedure Leave to Appeal Finality of Decisions Jurisdiction of Court of Appeal Appeals to Privy Council

Case Brief

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Parties

Andrew Kinross MacKinnon

Plaintiff/appellant

The Regent Trust Company Limited

First Defendant/respondent

Kenneth James MacKinnon

Second Defendant

Elizabeth Victoria MacKinnon (née Sharman)

Third Defendant

Sebastian James MacKinnon

Fourth Defendant

Benjamin Thomas Skok MacKinnon

Fifth Defendant

Thomasin Anne Skok MacKinnon

Sixth Defendant

Sophie Linda Skok MacKinnon

Seventh Defendant

Alistair Kinross MacKinnon

Eighth Defendant

Ian James MacKinnon

Ninth Defendant

Procedural Posture

Application for Leave to Appeal / Court of Appeal Judgment on Leave to Appeal to Her Majesty in Council

Legal Issues

  1. 1 Whether the Court of Appeal's decision striking out one head of claim is a 'decision' under Article 14 of the Court of Appeal (Jersey) Law 1961 entitling appeal to Her Majesty in Council
  2. 2 Whether the Court has discretion to grant leave to appeal in the absence of a final decision

Ratio Decidendi

The Court's decision striking out one head of claim was not a final or definitive decision disposing of the parties' rights or ending the proceedings; therefore, it was not a 'decision' within Article 14, and the Appellant had no right of appeal nor could the Court grant leave.

Court Disposition

Leave to appeal refused

Orders

  • Application for leave to appeal to Her Majesty in Council is refused