de Bourbon des Deux Siciles v Strang and Ors 18-May-2021 [2021] JRC 145 (18 May 2021)

de Bourbon des Deux Siciles v Strang and Ors 18-May-2021 [2021] JRC 145 (18 May 2021)

A stay of the Order is granted until the conclusion of the appeal hearing because the Respondents would suffer minimal prejudice, much of the Order has been complied with, and the appeal is imminent. Procedural defects in the application do not preclude relief in the circumstances.

Citation
[2021] JRC 145
Parties
Appellant: Camilla de Bourbon des Deux Siciles; Respondents: Ian Strang and others
Jurisdiction
Jersey
Judgment Date
18 May 2021
Procedural Posture
Application for Stay Pending Appeal / Interlocutory Application Before Appeal Hearing
Outcome
Stay granted pending appeal
Legal Topics
Stay of Execution, Relief From Sanctions, Case Management, Enforcement of Judgments
Civil Procedure Stay of Execution Relief From Sanctions Case Management Enforcement of Judgments

Case Brief

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Parties

Camilla de Bourbon des Deux Siciles

Appellant

Ian Strang and others

Respondents

Procedural Posture

Application for Stay Pending Appeal / Interlocutory Application Before Appeal Hearing

Legal Issues

  1. 1 Whether a stay of the Master's Order pending appeal should be granted
  2. 2 Whether procedural defects in the application for stay preclude relief
  3. 3 Whether the Appellant's conduct (alleged contempt) affects entitlement to a stay

Ratio Decidendi

A stay of the Order is granted until the conclusion of the appeal hearing because the Respondents would suffer minimal prejudice, much of the Order has been complied with, and the appeal is imminent. Procedural defects in the application do not preclude relief in the circumstances.

Court Disposition

Stay granted pending appeal

Orders

  • Stay of the Master's Order of 8 April 2021 and, to the extent necessary, the Master's Order of 19 April 2021 until the end of the appeal hearing.
  • Costs of the stay application to be costs in the appeal.