In re Barker v [1987] JLR 1 (01 August 1985)
A stay of execution pending appeal may be granted at the discretion of the Court of Appeal if the applicant has an unfettered right of appeal, special circumstances exist, a successful appeal would otherwise be rendered nugatory, and the issue on appeal is central to the case.
- Citation
- [1987] JLR 1
- Parties
- Applicant: Barker
- Jurisdiction
- Jersey
- Judgment Date
- 01 August 1985
- Procedural Posture
- Civil Appeal / Application for Stay of Execution Pending Appeal
- Outcome
- Application for stay of execution pending appeal considered under discretionary powers.
- Legal Topics
- Appeals, Stay of Execution
Case Brief
Summary, issues, holding and outcome
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Parties
Barker
Applicant
Procedural Posture
Civil Appeal / Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the Court of Appeal should grant a stay of execution pending appeal under r.15 of the Court of Appeal (Civil) (Jersey) Rules, 1964
Ratio Decidendi
A stay of execution pending appeal may be granted at the discretion of the Court of Appeal if the applicant has an unfettered right of appeal, special circumstances exist, a successful appeal would otherwise be rendered nugatory, and the issue on appeal is central to the case.
Court Disposition
Application for stay of execution pending appeal considered under discretionary powers.
Full Case Text
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