Black v JFSC [2008] JCA 036 (06 March 2008)

Black v JFSC [2008] JCA 036 (06 March 2008)

Applicants failed to demonstrate any valid reason for stay; assets are available to satisfy security for costs and attempts to release frozen funds are irrelevant and abusive. Compliance with security for costs order is a condition for pursuing appeal.

Source-derived case information.

Citation
[2008] JCA 036
Parties
Appellant/first Plaintiff: A P Black (Jersey) Limited; Appellant/second Plaintiff: Mr Alistair P Black; Appellant/third Plaintiff: Mrs Eila A Black; Appellant/fourth Plaintiff: A P Black Limited (UK); Respondent: Jersey Financial Services Commission
Jurisdiction
Jersey
Judgment Date
06 March 2008
Procedural Posture
Application for Stay Pending Appeal / Post Appeal Interlocutory Application
Outcome
application for stay refused
Legal Topics
Stay of Proceedings, Security for Costs, Costs Orders
Civil Procedure Stay of Proceedings Security for Costs Costs Orders

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Parties

A P Black (Jersey) Limited

Appellant/first Plaintiff

Mr Alistair P Black

Appellant/second Plaintiff

Mrs Eila A Black

Appellant/third Plaintiff

A P Black Limited (UK)

Appellant/fourth Plaintiff

Jersey Financial Services Commission

Respondent

Procedural Posture

Application for Stay Pending Appeal / Post Appeal Interlocutory Application

Legal Issues

  1. 1 Whether a stay of the Court of Appeal's order requiring security for costs should be granted
  2. 2 Whether frozen funds at Abbey International can be released to meet security for costs

Ratio Decidendi

Applicants failed to demonstrate any valid reason for stay; assets are available to satisfy security for costs and attempts to release frozen funds are irrelevant and abusive. Compliance with security for costs order is a condition for pursuing appeal.

Court Disposition

application for stay refused

Orders

  • Application for stay refused.
  • Applicants must pay security for costs within 36 hours or all appeals/applications before Court of Appeal will be dismissed.