Briggs & Co. (Jersey) Ltd. v. Sayers [1963] JJ 311 (07 November 1963)

Briggs & Co. (Jersey) Ltd. v. Sayers [1963] JJ 311 (07 November 1963)

An appeal from the Superior Number to the Inferior Number involves re-examination of the case as heard below, but does not entitle parties to examine pleas or evidence not given below; in such circumstances, it is proper to order a new trial.

Citation
[1963] JJ 311
Parties
Appellant: Briggs & Co. (Jersey) Ltd.; Respondent: Sayers
Jurisdiction
Jersey
Judgment Date
07 November 1963
Procedural Posture
Civil Appeal / Appeal From Superior Number to Inferior Number
Outcome
new trial ordered
Legal Topics
Appeals, Re Examination of Case, New Trial
Civil Procedure Appeals Re Examination of Case New Trial

Case Brief

Summary, issues, holding and outcome

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Parties

Briggs & Co. (Jersey) Ltd.

Appellant

Sayers

Respondent

Procedural Posture

Civil Appeal / Appeal From Superior Number to Inferior Number

Legal Issues

  1. 1 Whether an appeal from the Superior Number to the Inferior Number allows re-examination of the case heard below
  2. 2 Whether it is permissible to examine pleas or evidence not given below
  3. 3 Whether a new trial should be ordered

Ratio Decidendi

An appeal from the Superior Number to the Inferior Number involves re-examination of the case as heard below, but does not entitle parties to examine pleas or evidence not given below; in such circumstances, it is proper to order a new trial.

Court Disposition

new trial ordered

Orders

  • A new trial is to be held.