Jersey Judgment

Le Masurier Ltd. v Alker [1992] JLR 123 (08 April 1992)

Civil Procedure Appeals Rehearing Jurisdiction of Court of Appeal

Citation: [1992] JLR 123
Status: Judgment
Jurisdiction: Jersey
Posture: Civil Appeal / Court of Appeal

More details

Posture: Civil Appeal / Court of Appeal

On this page

Professional case brief

Research organized from the available case record

Source document

Holding and result

The Court of Appeal has no express power to rehear an appeal; its jurisdiction is limited to that prescribed by the 1961 Law and cannot be extended by inherent jurisdiction.

Court disposition

appeal dismissed

Material facts

Parties

Le Masurier Ltd.

Appellant

Alker

Respondent

Procedural history

Posture

Civil Appeal / Court of Appeal

Questions and positions

Legal issues

Whether the Court of Appeal has the power to rehear an appeal beyond the jurisdiction prescribed by the Court of Appeal (Jersey) Law, 1961, art. 12.

Party arguments

Applicant: The appellant argued for the Court of Appeal to rehear the appeal, suggesting such power exists or should be exercised.
Respondent: The respondent contended that the Court of Appeal has no express or implied power to rehear an appeal beyond what is prescribed by the Court of Appeal (Jersey) Law, 1961.

Court’s reasoning

Legal principles

01
Court of Appeal (Jersey) Law, 1961, art. 12

The Court of Appeal's jurisdiction is prescribed by the Court of Appeal (Jersey) Law, 1961, art. 12 and is only extended by implied powers necessary to regulate practice and procedure.

Ratio, limits and disposition

Ratio decidendi

The Court of Appeal has no express power to rehear an appeal; its jurisdiction is limited to that prescribed by the 1961 Law and cannot be extended by inherent jurisdiction.

Court disposition

appeal dismissed

Source and reliance status

Official court record

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Source document

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Judgment text

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Source document

Court record

Judgment

[1992] JLR 123

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BAILII >> Databases >> Jersey Law Reports >> Le Masurier Ltd. v Alker [1992] JLR 123 (08 April 1992) URL: https://www.bailii.org/je/cases/JLR/1992/JLR920123.html Cite as: [1992] JLR 123 [ New search ] [ Help ] Le Masurier Ltd. v Alker 1992 JLR 123 (08 April 1992) Civil Procedure - appeals - rehearing - Court of Appeal no express power to rehear appeal-jurisdiction prescribed by Court of Appeal (Jersey) Law, 1961, art. 12 extended only by implied powers necessary to regulate practice and procedure-inherent jurisdiction operates exclusively within that conferred by 1961 Law and cannot extend it 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: 1992 JLR 123 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1992/JLR920123.html

Authorities

Authorities used by the court

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

Court of Appeal (Jersey) Law, 1961, art. 12

Legislation

Legislation referenced in the available case record.

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