Jersey Judgment

B Settlement v [2001] JRC 144A (07 July 2001)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The President can sit alone on procedural Article 47 applications as no facts are to be found and judicial discretion is exercised.

Court disposition

Ruling issued: President may sit alone for procedural Article 47 applications.

Orders

  • Jurats will leave; proceedings will continue after adjournment.

02

Procedural history

  1. Posture

    Article 47 Application Under Trusts (jersey) Law / Procedural Ruling

03

Questions and positions

Legal issues

Whether Jurats are required to sit on an Article 47 application under Trusts (Jersey) Law

Party arguments

Applicant
Counsel questioned whether Jurats must sit or if the President can sit alone for an Article 47 application.

04

Court’s reasoning

  1. 01

    Trusts (Jersey) Law, Article 47

    Judicial discretion allows the President to sit alone for procedural applications under Article 47.

05

Ratio, limits and disposition

Ratio decidendi

The President can sit alone on procedural Article 47 applications as no facts are to be found and judicial discretion is exercised.

Obiter and limits

  • In cases of this nature, the President ought to sit alone to ensure celerity, as was done in Trueger.

Court disposition

Ruling issued: President may sit alone for procedural Article 47 applications.

  • Jurats will leave; proceedings will continue after adjournment.

Source and reliance status

Official court record

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Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

[2001] JRC 144A

judgment THE COMMISSIONER: 1. Counsel has raised the question as to whether on an application under Article 47 of the Trusts (Jersey) Law it is necessary for the Jurats to sit or whether the President can sit alone, and has asked for a ruling. Although this is an Article 47 application, it is to a great extent a procedural one. As far as can be seen, there are no facts to be found. It is a case of evaluating claims on the affidavits to date, not of finding any facts and is therefore, in my view, an exercise of Judicial discretion where the Bailiff, or, more accurately, the President, can sit alone and in a case of this nature indeed ought to do so in order that the case may move forward with celerity as was done on a regular basis in the proceedings in Trueger . The Jurats will leave us and we will continue after a short adjournment during which I hope to read the papers which are yet to come. No Authorities . Page Last Updated: 02 Nov 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Trueger

Case cited

Trusts (Jersey) Law, Article 47

Legislation

Legislation referenced in the available case record.

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