Representation of Powell [2018] JCA 099 (01 June 2018)

Representation of Powell [2018] JCA 099 (01 June 2018)

The Royal Court's decision was interlocutory as it did not finally determine the substantive rights between Mrs Powell and her creditors but merely confirmed the procedural consequence of the Remise's failure; thus, leave to appeal is required.

Citation
[2018] JCA 099
Parties
Representor/appellant: Caroline Elizabeth Powell nee Chambers
Jurisdiction
Jersey
Judgment Date
01 June 2018
Procedural Posture
Bankruptcy/remise De Biens Appeal / Application for Leave to Appeal Interlocutory Decision
Outcome
Application for leave to appeal required; no automatic right of appeal; directions given for written submissions.
Legal Topics
Remise De Biens, Interlocutory Vs Final Decisions, Appeal Procedure, Extension of Remise, Cession Générale
Insolvency Bankruptcy Civil Procedure Remise De Biens Interlocutory Vs Final Decisions Appeal Procedure Extension of Remise Cession Générale

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Parties

Caroline Elizabeth Powell nee Chambers

Representor/appellant

Procedural Posture

Bankruptcy/remise De Biens Appeal / Application for Leave to Appeal Interlocutory Decision

Legal Issues

  1. 1 Whether the Royal Court's decision of 20 April 2018 was interlocutory or final
  2. 2 Whether Mrs Powell is entitled to appeal as of right or requires leave
  3. 3 Whether an extension of the Remise de Biens can be granted after expiry and without creditor consent

Ratio Decidendi

The Royal Court's decision was interlocutory as it did not finally determine the substantive rights between Mrs Powell and her creditors but merely confirmed the procedural consequence of the Remise's failure; thus, leave to appeal is required.

Court Disposition

Application for leave to appeal required; no automatic right of appeal; directions given for written submissions.

Orders

  • Mrs Powell to lodge written submissions by noon on 12 June 2018.
  • Creditors to respond by noon on 15 June 2018.