Jakobsson v Offshore Nautical Sales [2003] JCA 029 (11 February 2003)

Jakobsson v Offshore Nautical Sales [2003] JCA 029 (11 February 2003)

The Court of Appeal has inherent jurisdiction to make orders to prevent abuse of process, and in the circumstances where the appellant's funders selectively refuse to pay the judgment debt while funding other liabilities and the appeal, it is necessary and appropriate to order a conditional stay of execution and, failing compliance, a stay of the appeal.

Citation
[2003] JCA 029
Parties
Plaintiff/respondent: Jakob Freyr Jakobsson; Defendant/appellant: Offshore Nautical Sales Limited
Jurisdiction
Jersey
Judgment Date
11 February 2003
Procedural Posture
Civil Appeal / Interlocutory Application for Stay and Security Pending Appeal
Outcome
Conditional stay of execution granted; conditional stay of appeal ordered
Legal Topics
Stay of Execution, Security for Costs, Abuse of Process, Inherent Jurisdiction
Civil Procedure Commercial Law Stay of Execution Security for Costs Abuse of Process Inherent Jurisdiction

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Parties

Jakob Freyr Jakobsson

Plaintiff/respondent

Offshore Nautical Sales Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Interlocutory Application for Stay and Security Pending Appeal

Legal Issues

  1. 1 Whether the Court of Appeal has inherent jurisdiction to order a stay of appeal or execution pending payment or security for judgment debt and costs
  2. 2 Whether the conduct of the appellant and its funders constitutes an abuse of process justifying such orders

Ratio Decidendi

The Court of Appeal has inherent jurisdiction to make orders to prevent abuse of process, and in the circumstances where the appellant's funders selectively refuse to pay the judgment debt while funding other liabilities and the appeal, it is necessary and appropriate to order a conditional stay of execution and, failing compliance, a stay of the appeal.

Court Disposition

Conditional stay of execution granted; conditional stay of appeal ordered

Orders

  • Stay of execution of the Royal Court judgment of 18 October 2002 on condition that £160,000 is paid into court or secured by bank guarantee by 4pm on 25 February 2003
  • If payment or security is not made by the deadline, the stay of execution ceases and the appeal is stayed until further order