In re Blue Horizon Holidays v [1997] JLR 124 (11 April 1997)

In re Blue Horizon Holidays v [1997] JLR 124 (11 April 1997)

An appeal to the Court of Appeal is possible from a declaration en desastre by the Royal Court, even though the Bankruptcy (Desastre) (Jersey) Law 1990 does not specifically provide for such an appeal and alternative remedies exist, because the right of appeal is presumed in the absence of statutory exclusion.

Citation
[1997] JLR 124
Parties
Applicant: Blue Horizon Holidays
Jurisdiction
Jersey
Judgment Date
11 April 1997
Procedural Posture
Bankruptcy / Appeal to Court of Appeal
Outcome
appeal permitted
Legal Topics
Desastre, Appeal Rights, Statutory Interpretation
Bankruptcy Desastre Appeal Rights Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Blue Horizon Holidays

Applicant

Procedural Posture

Bankruptcy / Appeal to Court of Appeal

Legal Issues

  1. 1 Whether an appeal to the Court of Appeal is possible from a declaration en desastre by the Royal Court in the absence of specific appeal provisions in the Bankruptcy (Desastre) (Jersey) Law 1990 and despite the existence of alternative remedies in articles 6(3) and 7.

Ratio Decidendi

An appeal to the Court of Appeal is possible from a declaration en desastre by the Royal Court, even though the Bankruptcy (Desastre) (Jersey) Law 1990 does not specifically provide for such an appeal and alternative remedies exist, because the right of appeal is presumed in the absence of statutory exclusion.

Court Disposition

appeal permitted