Jersey Judgment

Charles House v Primal Properties [2013] 1 JLR 36 (13 December 2012)

Land Law Possession Orders Jurisdiction Lease Cancellation

Citation: [2013] 1 JLR 36
Status: Judgment
Jurisdiction: Jersey
Posture: Land Law Action for Possession / Judgment

More details

Posture: Land Law Action for Possession / Judgment

On this page

Professional case brief

Research organized from the available case record

Source document

Holding and result

The Royal Court may only make a possession order if it is sought in the same proceedings as the cancellation of the lease; otherwise, jurisdiction lies exclusively with the Petty Debts Court.

Court disposition

Jurisdiction lies with Petty Debts Court for possession orders sought in separate proceedings.

Material facts

Parties

Charles House

Applicant

Primal Properties

Respondent

Procedural history

Posture

Land Law Action for Possession / Judgment

Questions and positions

Legal issues

Whether the Royal Court has jurisdiction to make a possession order when sought in separate proceedings from lease cancellation

Party arguments

Applicant: Applicant sought a possession order under the Royal Court (Possession Orders) (Jersey) Law 1998.
Respondent: Respondent challenged the jurisdiction of the Royal Court to grant a possession order in separate proceedings.

Court’s reasoning

Legal principles

01
Royal Court (Possession Orders) (Jersey) Law 1998, art. 1

Royal Court can make a possession order if sought in same proceedings as cancellation of lease; if sought in separate proceedings, Petty Debts Court has sole jurisdiction.

Ratio, limits and disposition

Ratio decidendi

The Royal Court may only make a possession order if it is sought in the same proceedings as the cancellation of the lease; otherwise, jurisdiction lies exclusively with the Petty Debts Court.

Court disposition

Jurisdiction lies with Petty Debts Court for possession orders sought in separate proceedings.

Source and reliance status

Official court record

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Source document

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Judgment text

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Source document

Court record

Judgment

[2013] 1 JLR 36

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BAILII >> Databases >> Jersey Law Reports >> Charles House v Primal Properties [2013] 1 JLR 36 (13 December 2012) URL: https://www.bailii.org/je/cases/JLR/2012/JLR131036.html Cite as: [2013] 1 JLR 36 [ New search ] [ Help ] Charles House v Primal Properties 2013 (1) JLR 36 (13 December 2012) Land Law-action for possession-powers of court-under Royal Court (Possession Orders) (Jersey) Law 1998, art. 1, Royal Court can make possession order if sought in same proceedings as cancellation of lease-if sought in separate proceedings, Petty Debts Court has sole jurisdiction The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2013 (1) JLR 36 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2012/JLR131036.html

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Royal Court (Possession Orders) (Jersey) Law 1998, art. 1

Legislation

Legislation referenced in the available case record.

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