Downes v Marshall [2010] JLR 265 (23 June 2010)
- Citation
- [2010] JLR 265
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Family Law Appeal / Appeal From Family Registrar to Royal Court
More details
- Posture
- Family Law Appeal / Appeal From Family Registrar to Royal Court
On this page
Professional case brief
Research organized from the available case record
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
ApplicantMarshall
Respondent03
Procedural history
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
Legal principles
- 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
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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