Jersey Judgment

Hughes v Clewley [1994] JLR 227 (21 June 1994)

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Professional case brief

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Source document

01

Holding and result

A mere personal creditor is not an 'interested person' entitled to apply for an order under Merchant Shipping Act 1894, s.30, as they have no proprietary interest in the ship; a former owner seeking rescission of transfer is an 'interested person.'

Court disposition

application dismissed

02

Material facts

Parties

Hughes

Applicant

Clewley

Respondent

03

Procedural history

  1. Posture

    Application Under Merchant Shipping Act 1894, S.30 / Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
Applicant argued that as a creditor, they had standing as an 'interested person' to seek an order prohibiting dealing with the ship.
Respondent
Respondent argued that a mere personal creditor does not have an interest in the ship itself and therefore is not an 'interested person' under the Act.

05

Court’s reasoning

  1. 01

    Merchant Shipping Act 1894, s.30

    A mere personal creditor does not qualify as an 'interested person' under Merchant Shipping Act 1894, s.30, as they have no interest in the ship itself but only a claim over assets generally.

  2. 02

    Merchant Shipping Act 1894, s.30

    A former owner seeking rescission of a transfer of a ship is an 'interested person' for the purposes of s.30.

06

Ratio, limits and disposition

Ratio decidendi

A mere personal creditor is not an 'interested person' entitled to apply for an order under Merchant Shipping Act 1894, s.30, as they have no proprietary interest in the ship; a former owner seeking rescission of transfer is an 'interested person.'

Court disposition

application dismissed

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[1994] JLR 227

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BAILII >> Databases >> Jersey Law Reports >> Hughes v Clewley [1994] JLR 227 (21 June 1994) URL: https://www.bailii.org/je/cases/JLR/1994/JLR940227.html Cite as: [1994] JLR 227 [ New search ] [ Help ] Hughes v Clewley 1994 JLR 227 (21 June 1994) Shipping - prohibition on dealing - application by "interested person" - mere personal creditor not "interested person" entitled to apply for order under Merchant Shipping Act 1894, s.30 prohibiting dealing with ship-has no interest in ship itself but merely claim over assets generally-former owner seeking rescission of transfer of ship is "interested person," not mere creditor 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: 1994 JLR 227 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1994/JLR940227.html

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Authorities

Authorities used by the court

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

Merchant Shipping Act 1894, s.30

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