Representation of Powell [2018] JCA 113 (29 June 2018)

Representation of Powell [2018] JCA 113 (29 June 2018)

The proposed appeal had no real prospect of success as the applicant failed to demonstrate any error in the Royal Court's exercise of discretion, no evidence of creditor consent for extension, no basis for recusal, and no arguable breach of human rights. The law on these issues is settled and does not warrant further appellate consideration.

Citation
[2018] JCA 113
Parties
Applicant/representor: Caroline Elizabeth Powell nee Chambers; Creditor/respondent: Acorn Finance Limited; Creditor/respondent: Jersey Home Loans Limited
Jurisdiction
Jersey
Judgment Date
29 June 2018
Procedural Posture
Application for Leave to Appeal and Stay of Proceedings / Single Judge Determination on Leave to Appeal
Outcome
Leave to appeal refused
Legal Topics
Remise De Biens, Leave to Appeal, Recusal, Creditor Rights, Discretionary Decisions, Human Rights
Insolvency Civil Procedure Remise De Biens Leave to Appeal Recusal Creditor Rights Discretionary Decisions Human Rights

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Parties

Caroline Elizabeth Powell nee Chambers

Applicant/representor

Acorn Finance Limited

Creditor/respondent

Jersey Home Loans Limited

Creditor/respondent

Procedural Posture

Application for Leave to Appeal and Stay of Proceedings / Single Judge Determination on Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted against the Royal Court's refusal to extend the Remise de Biens and related orders
  2. 2 Whether there was procedural irregularity or lack of capacity at the hearing
  3. 3 Whether creditor consent for extension was present or could be imputed

Ratio Decidendi

The proposed appeal had no real prospect of success as the applicant failed to demonstrate any error in the Royal Court's exercise of discretion, no evidence of creditor consent for extension, no basis for recusal, and no arguable breach of human rights. The law on these issues is settled and does not warrant further appellate consideration.

Court Disposition

Leave to appeal refused

Orders

  • Application for leave to appeal refused
  • No stay of proceedings granted