Pitmans -v- JEP and 1st Jersey Limited [2013] JCA 236 (27 November 2013)

Pitmans -v- JEP and 1st Jersey Limited [2013] JCA 236 (27 November 2013)

The application for leave to appeal out of time was dismissed because the delay was excessive, the reasons for delay were not justified, and there was no realistic prospect of success on appeal. The evidence did not establish apparent bias or error in the Royal Court's dismissal of the defamation claim.

Citation
[2013] JCA 236
Parties
First Applicant: Mrs Shona Pitman; Second Applicant: Mr Trevor Mark Pitman; First Respondent: Jersey Evening Post Limited; Second Respondent: 1st Jersey Limited
Jurisdiction
Jersey
Judgment Date
27 November 2013
Procedural Posture
Application for Leave to Appeal Out of Time / Renewal of Application Before Court of Appeal
Outcome
Application for leave to appeal out of time dismissed
Legal Topics
Leave to Appeal Out of Time, Judicial Bias, Defamation, Role of Jurats, Procedural Delay
Civil Procedure Defamation Leave to Appeal Out of Time Judicial Bias Role of Jurats Procedural Delay

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Parties

Mrs Shona Pitman

First Applicant

Mr Trevor Mark Pitman

Second Applicant

Jersey Evening Post Limited

First Respondent

1st Jersey Limited

Second Respondent

Procedural Posture

Application for Leave to Appeal Out of Time / Renewal of Application Before Court of Appeal

Legal Issues

  1. 1 Whether leave to appeal out of time should be granted
  2. 2 Whether there was judicial bias due to alleged connections between Jurats and respondents
  3. 3 Whether the Royal Court erred in dismissing the defamation claim

Ratio Decidendi

The application for leave to appeal out of time was dismissed because the delay was excessive, the reasons for delay were not justified, and there was no realistic prospect of success on appeal. The evidence did not establish apparent bias or error in the Royal Court's dismissal of the defamation claim.

Court Disposition

Application for leave to appeal out of time dismissed

Orders

  • Application for leave to appeal out of time is dismissed.