Farley & Son Ltd. v Takilla Ltd. [1984] JLR 123 (16 July 1984)

Application to set down appeal must be filed and the appeal set down as required by the rules; any alleged defect such as absence of leave to appeal may be raised before the court at the hearing.

Citation: [1984] JLR 123
Parties: Appellant: Farley & Son Ltd.; Respondent: Takilla Ltd.
Jurisdiction: Jersey
Judgment Date: 16 July 1984
Procedural Posture: Civil Appeal / Application to Set Down Appeal
Outcome: application granted
Legal Topics: Appeals, Setting Down Appeal, Court of Appeal (civil) (jersey) Rules 1964

Civil Procedure Appeals Setting Down Appeal Court of Appeal (civil) (jersey) Rules 1964

Case Brief

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Parties

Farley & Son Ltd.

Appellant

Takilla Ltd.

Respondent

Procedural Posture

Civil Appeal / Application to Set Down Appeal

Legal Issues

1 Whether application to set down appeal must comply with Court of Appeal (Civil) (Jersey) Rules 1964, r.4(3)
2 Whether absence of leave to appeal is a bar to setting down the appeal

Ratio Decidendi

Application to set down appeal must be filed and the appeal set down as required by the rules; any alleged defect such as absence of leave to appeal may be raised before the court at the hearing.

Court Disposition

application granted

Orders

Appeal to be set down; any alleged defect to be raised at hearing