Hughes v Clewley [1994] JLR 227 (21 June 1994)
- Citation
- [1994] JLR 227
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Application Under Merchant Shipping Act 1894, S.30 / Judgment
More details
- Posture
- Application Under Merchant Shipping Act 1894, S.30 / Judgment
On this page
Professional case brief
Research organized from the available case record
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
ApplicantClewley
Respondent03
Procedural history
Posture
Application Under Merchant Shipping Act 1894, S.30 / Judgment
04
Questions and positions
Legal issues
- 01
Whether a mere personal creditor is an 'interested person' entitled to apply for an order under Merchant Shipping Act 1894, s.30 prohibiting dealing with a ship
- 02
Whether a former owner seeking rescission of transfer qualifies as an 'interested person'
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
Legal principles
- 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.
- 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
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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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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