1998/31A - Le Maistre v Benest [1998] UR 31A (12 February 1998)

1998/31A - Le Maistre v Benest [1998] UR 31A (12 February 1998)

A limited stay of execution is granted because there are reasonable grounds of appeal and, if refused, the appeal could be rendered nugatory by the appellant's imprisonment; no exceptional circumstances justify refusal.

Citation
[1998] UR 31A
Parties
Respondent/plaintiff: Lily Ellen Mary le Maistre; Appellant/defendant: Roger Sydney Benest
Jurisdiction
Jersey
Judgment Date
12 February 1998
Procedural Posture
Civil Appeal / Application for Stay of Execution Pending Appeal
Outcome
Limited stay of execution granted until 24 September 1998, conditional on appeal being brought forward for hearing at the earliest available date.
Legal Topics
Stay of Execution, Acte À Peine De Prison, Appeals, Debtor's Prison, Discretion of Court
Civil Procedure Enforcement of Judgments Stay of Execution Acte À Peine De Prison Appeals Debtor's Prison Discretion of Court

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Parties

Lily Ellen Mary le Maistre

Respondent/plaintiff

Roger Sydney Benest

Appellant/defendant

Procedural Posture

Civil Appeal / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution of an Acte à peine de Prison should be granted pending appeal
  2. 2 Whether the appeal would be rendered nugatory if the stay is refused
  3. 3 Whether there are reasonable grounds of appeal

Ratio Decidendi

A limited stay of execution is granted because there are reasonable grounds of appeal and, if refused, the appeal could be rendered nugatory by the appellant's imprisonment; no exceptional circumstances justify refusal.

Court Disposition

Limited stay of execution granted until 24 September 1998, conditional on appeal being brought forward for hearing at the earliest available date.

Orders

  • Stay of execution of the Acte à peine de Prison until 24 September 1998.
  • Condition that the appeal be set down for hearing at the earliest possible date.