In the matter of II [2015] JRC 194 (23 September 2015)

In the matter of II [2015] JRC 194 (23 September 2015)

Given the plaintiffs' difficulties in progressing the litigation, the complexity of the issues, and the need for impartial assistance to the court, the appointment of an amicus curiae is justified. However, due to the plaintiffs' subsequent objection, the amicus curiae's role is limited to attending hearings and commenting on filed materials, without representing or advising the plaintiffs.

Citation
[2015] JRC 194
Parties
First Plaintiff: A; Second Plaintiff: K; Third Plaintiff: L; First Defendant: H; Second Defendant: Appleby
Jurisdiction
Jersey
Judgment Date
23 September 2015
Procedural Posture
Civil / Interlocutory Directions and Appointment of Amicus Curiae
Outcome
Appointment of amicus curiae confirmed with limited role; directions for future conduct of proceedings issued.
Legal Topics
Appointment of Amicus Curiae, Testamentary Capacity, Légitime, Negligence by Legal Professionals, Interim Payments, Discovery Obligations, Split Trial, Self Represented Litigants
Civil Procedure Succession Law Family Law Appointment of Amicus Curiae Testamentary Capacity Légitime Negligence by Legal Professionals Interim Payments +3 more

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Parties

A

First Plaintiff

K

Second Plaintiff

L

Third Plaintiff

H

First Defendant

Appleby

Second Defendant

Procedural Posture

Civil / Interlocutory Directions and Appointment of Amicus Curiae

Legal Issues

  1. 1 Whether an amicus curiae should be appointed for the plaintiffs
  2. 2 Scope of the authority and role of the amicus curiae
  3. 3 Plaintiffs' entitlement to interim payments and discovery

Ratio Decidendi

Given the plaintiffs' difficulties in progressing the litigation, the complexity of the issues, and the need for impartial assistance to the court, the appointment of an amicus curiae is justified. However, due to the plaintiffs' subsequent objection, the amicus curiae's role is limited to attending hearings and commenting on filed materials, without representing or advising the plaintiffs.

Court Disposition

Appointment of amicus curiae confirmed with limited role; directions for future conduct of proceedings issued.

Orders

  • Advocate Steenson to remain as amicus curiae with role limited to attending hearings and commenting on filed materials.
  • Plaintiffs not required to communicate further with amicus curiae beyond providing filed materials.