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

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

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.

Citation
[2010] JLR 265
Parties
Applicant: Downes; Respondent: Marshall
Jurisdiction
Jersey
Judgment Date
23 June 2010
Procedural Posture
Family Law Appeal / Appeal From Family Registrar to Royal Court
Outcome
Appeal only allowed on specified grounds; unfettered discretion removed.
Legal Topics
Financial Provision, Appeals, Procedural Irregularity
Family Law Financial Provision Appeals Procedural Irregularity

Case Brief

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Parties

Downes

Applicant

Marshall

Respondent

Procedural Posture

Family Law Appeal / Appeal From Family Registrar to Royal Court

Legal Issues

  1. 1 What are the grounds for appeal from the Family Registrar to the Royal Court in financial provision matters?

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.