In re A Settlement v [1999] JLR 220 (27 July 1999)

In re A Settlement v [1999] JLR 220 (27 July 1999)

The Court of Appeal possesses the power to abridge the time for appeal, and this power may be exercised by a single judge. Amendment of the rules is desirable to clarify this position.

Citation
[1999] JLR 220
Parties
Applicant: A Settlement
Jurisdiction
Jersey
Judgment Date
27 July 1999
Procedural Posture
Civil Appeal / Application for Abridgement of Time for Appeal
Outcome
application granted
Legal Topics
Appeals, Abridgement of Time, Court Powers
Civil Procedure Appeals Abridgement of Time Court Powers

Case Brief

Summary, issues, holding and outcome

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Parties

A Settlement

Applicant

Procedural Posture

Civil Appeal / Application for Abridgement of Time for Appeal

Legal Issues

  1. 1 Whether the Court of Appeal has the power to abridge as well as enlarge the time for appeal under the Court of Appeal (Civil) (Jersey) Rules 1964, r.16
  2. 2 Whether a single judge may exercise this power

Ratio Decidendi

The Court of Appeal possesses the power to abridge the time for appeal, and this power may be exercised by a single judge. Amendment of the rules is desirable to clarify this position.

Court Disposition

application granted

Orders

  • Time for appeal abridged as requested.