In re Blue Horizon Holidays v [1997] JLR 124 (11 April 1997)
- Citation
- [1997] JLR 124
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Bankruptcy / Appeal to Court of Appeal
More details
- Posture
- Bankruptcy / Appeal to Court of Appeal
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
An appeal to the Court of Appeal is possible from a declaration en desastre by the Royal Court, even though the Bankruptcy (Desastre) (Jersey) Law 1990 does not specifically provide for such an appeal and alternative remedies exist, because the right of appeal is presumed in the absence of statutory exclusion.
Court disposition
appeal permitted
02
Material facts
Parties
Blue Horizon Holidays
Applicant03
Procedural history
Posture
Bankruptcy / Appeal to Court of Appeal
04
Questions and positions
Legal issues
Whether an appeal to the Court of Appeal is possible from a declaration en desastre by the Royal Court in the absence of specific appeal provisions in the Bankruptcy (Desastre) (Jersey) Law 1990 and despite the existence of alternative remedies in articles 6(3) and 7.
Party arguments
- Applicant
- An appeal to the Court of Appeal should be permitted even though the Bankruptcy (Desastre) (Jersey) Law 1990 does not expressly provide for such an appeal and alternative remedies exist.
- Respondent
- The absence of specific appeal provisions and the existence of alternative remedies in the Law preclude an appeal to the Court of Appeal.
05
Court’s reasoning
Legal principles
- 01
general principle of statutory interpretation
In the absence of statutory exclusion, the right of appeal is presumed to exist.
06
Ratio, limits and disposition
Ratio decidendi
An appeal to the Court of Appeal is possible from a declaration en desastre by the Royal Court, even though the Bankruptcy (Desastre) (Jersey) Law 1990 does not specifically provide for such an appeal and alternative remedies exist, because the right of appeal is presumed in the absence of statutory exclusion.
Court disposition
appeal permitted
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 >> In re Blue Horizon Holidays v [1997] JLR 124 (11 April 1997) URL: https://www.bailii.org/je/cases/JLR/1997/JLR970124.html Cite as: [1997] JLR 124 [ New search ] [ Help ] In re Blue Horizon Holidays v 1997 JLR 124 (11 April 1997) Bankruptcy - desastre - appeal to Court of Appeal - appeal from declaration en desastre of Royal Court to Court of Appeal possible despite absence of specific appeal provisions in Bankruptcy (Desastre) (Jersey) Law 1990 and existence of alternative remedies in arts. 6(3) and 7, since appeal presumed possible in absence of statutory exclusion 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: 1997 JLR 124 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1997/JLR970124.html
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