In the matter of II [2015] JRC 032 (12 February 2015)

In the matter of II [2015] JRC 032 (12 February 2015)

The application for maintenance was dismissed as an abuse of process because the applicant was unwilling to proceed with the necessary steps, sought to use the proceedings for collateral purposes, and there were no grounds for judicial recusal or referral of perjury allegations to the police.

Citation
[2015] JRC 032
Parties
Petitioner: A; Respondent: B
Jurisdiction
Jersey
Judgment Date
12 February 2015
Procedural Posture
Maintenance Application / First Hearing (directions)
Outcome
application dismissed
Legal Topics
Spousal Maintenance, Abuse of Process, Recusal, Capacity to Litigate
Family Law Spousal Maintenance Abuse of Process Recusal Capacity to Litigate

Case Brief

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Parties

A

Petitioner

B

Respondent

Procedural Posture

Maintenance Application / First Hearing (directions)

Legal Issues

  1. 1 Whether the judge should recuse himself from hearing the application
  2. 2 Whether the application for maintenance is an abuse of process
  3. 3 Whether the applicant has the capacity to proceed with the application

Ratio Decidendi

The application for maintenance was dismissed as an abuse of process because the applicant was unwilling to proceed with the necessary steps, sought to use the proceedings for collateral purposes, and there were no grounds for judicial recusal or referral of perjury allegations to the police.

Court Disposition

application dismissed

Orders

  • Application for maintenance dismissed as an abuse of process
  • No order as to costs