AB v AG (Capacity) [2020] JCA 147B (30 July 2020)

AB v AG (Capacity) [2020] JCA 147B (30 July 2020)

The Royal Court acted within its discretion in appointing CD as sole delegate for X's property and affairs, properly considered the feasibility of joint appointment, and ensured procedural fairness. No evidence of bias or procedural unfairness was found. The appeal is rejected.

Citation
[2020] JCA 147B
Parties
Appellant: AB; Respondent: Her Majesty's Attorney General
Jurisdiction
Jersey
Judgment Date
30 July 2020
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Appointment of Delegate, Best Interests, Parens Patriae Jurisdiction, Bias, Fair Hearing
Mental Capacity Family Law Human Rights Appointment of Delegate Best Interests Parens Patriae Jurisdiction Bias Fair Hearing

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Parties

AB

Appellant

Her Majesty's Attorney General

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Royal Court erred in appointing CD as sole delegate for X's property and affairs
  2. 2 Whether the Royal Court failed to consider joint appointment or health and welfare delegate
  3. 3 Whether there was bias or procedural unfairness in the Royal Court's hearing

Ratio Decidendi

The Royal Court acted within its discretion in appointing CD as sole delegate for X's property and affairs, properly considered the feasibility of joint appointment, and ensured procedural fairness. No evidence of bias or procedural unfairness was found. The appeal is rejected.

Court Disposition

appeal dismissed