Jersey Judgment

Downes v Marshall [2010] JLR 265 (23 June 2010)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The Royal Court's discretion to hear appeals from the Family Registrar is limited to cases involving procedural irregularity, consideration of irrelevant matters, failure to consider relevant matters, or where the conclusion is otherwise wrong.

Court disposition

Appeal only allowed on specified grounds; unfettered discretion removed.

02

Material facts

Parties

Downes

Applicant

Marshall

Respondent

03

Procedural history

  1. Posture

    Family Law Appeal / Appeal From Family Registrar to Royal Court

04

Questions and positions

Legal issues

What are the grounds for appeal from the Family Registrar to the Royal Court in financial provision matters?

Party arguments

Applicant
The applicant contends that the Family Registrar's decision should be subject to review by the Royal Court.
Respondent
The respondent maintains that the Royal Court's discretion to hear appeals is limited to specific procedural or substantive errors.

05

Court’s reasoning

  1. 01

    [2010] JLR 265

    Appeal to Royal Court from Family Registrar is only allowed if there is a procedural irregularity, consideration of irrelevant matters, failure to consider relevant matters, or if the conclusion is otherwise wrong. The Royal Court no longer has unfettered discretion.

06

Ratio, limits and disposition

Ratio decidendi

The Royal Court's discretion to hear appeals from the Family Registrar is limited to cases involving procedural irregularity, consideration of irrelevant matters, failure to consider relevant matters, or where the conclusion is otherwise wrong.

Court disposition

Appeal only allowed on specified grounds; unfettered discretion removed.

Source and reliance status

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Source document

Court record

Judgment

[2010] JLR 265

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BAILII >> Databases >> Jersey Law Reports >> Downes v Marshall [2010] JLR 265 (23 June 2010) URL: https://www.bailii.org/je/cases/JLR/2010/JLR100265.html Cite as: [2010] JLR 265 [ New search ] [ Help ] Downes v Marshall 2010 JLR 265 (23 June 2010) Family Law-financial provision-appeals-factors to be considered-appeal to Royal Court from Family Registrar only allowed if procedural irregularity; Registrar considered irrelevant matters or failed to consider relevant matters; or conclusion otherwise wrong-unfettered discretion of Royal Court no longer appropriate 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: 2010 JLR 265 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2010/JLR100265.html

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Authorities

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[2010] JLR 265

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