Benest v Le Maistre [1998] JLR 213 (09 July 1998)

Benest v Le Maistre [1998] JLR 213 (09 July 1998)

The court has discretion in ordering imprisonment for debt and will not do so if the debtor is unable to pay and is acting in good faith; the burden shifts to the debtor to show why imprisonment should not be ordered once the creditor establishes a prima facie case.

Citation
[1998] JLR 213
Parties
Creditor: Benest; Debtor: Le Maistre
Jurisdiction
Jersey
Judgment Date
09 July 1998
Procedural Posture
Civil / Application for Imprisonment for Debt
Outcome
Order for imprisonment for debt is discretionary and subject to the debtor's circumstances.
Legal Topics
Imprisonment for Debt, Acte a Peine De Prison, Burden of Proof, Discharge of Debtor
Civil Procedure Imprisonment for Debt Acte a Peine De Prison Burden of Proof Discharge of Debtor

Case Brief

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Parties

Benest

Creditor

Le Maistre

Debtor

Procedural Posture

Civil / Application for Imprisonment for Debt

Legal Issues

  1. 1 Whether an order for imprisonment for debt (acte a peine de prison) should be made when the debtor is unable to pay and is making payment in good faith
  2. 2 Who bears the burden of proof once a prima facie case is made by the creditor
  3. 3 Whether the court has discretion to release the debtor even if cession is refused or not applied for

Ratio Decidendi

The court has discretion in ordering imprisonment for debt and will not do so if the debtor is unable to pay and is acting in good faith; the burden shifts to the debtor to show why imprisonment should not be ordered once the creditor establishes a prima facie case.

Court Disposition

Order for imprisonment for debt is discretionary and subject to the debtor's circumstances.