B Settlement v [2001] JRC 144A (07 July 2001)
- Citation
- [2001] JRC 144A
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Article 47 Application Under Trusts (jersey) Law / Procedural Ruling
More details
- Posture
- Article 47 Application Under Trusts (jersey) Law / Procedural Ruling
On this page
Professional case brief
Research organized from the available case record
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
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
Legal principles
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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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