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

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.

Citation: [1992] JLR 123
Parties: Appellant: Le Masurier Ltd.; Respondent: Alker
Jurisdiction: Jersey
Judgment Date: 08 April 1992
Procedural Posture: Civil Appeal / Court of Appeal
Outcome: appeal dismissed
Legal Topics: Appeals, Rehearing, Jurisdiction of Court of Appeal

Civil Procedure Appeals Rehearing Jurisdiction of Court of Appeal

Case Brief

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Parties

Le Masurier Ltd.

Appellant

Alker

Respondent

Procedural Posture

Civil Appeal / Court of Appeal

Legal Issues

1 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.

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