Jersey Judgment

Le Prevost v Backhurst [1997] JLR 309 (15 December 1997)

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Professional case brief

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Source document

01

Holding and result

If the appointer is of sound mind, able to conduct their own affairs, and unwilling for the procuration to continue, the procureur's fear of dissipation of assets is not a sufficient objection to revocation.

Court disposition

appointment revoked

Orders

  • procureur generale's appointment revoked

02

Material facts

Parties

Le Prevost

Appointer

Backhurst

Procureur Generale

03

Procedural history

  1. Posture

    Civil / Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
The appointer is of sound mind, able to conduct their own affairs, and unwilling for the procuration to continue; therefore, the appointment should be revoked.
Respondent
The procureur fears that the appointer will dissipate assets and objects to the revocation.

05

Court’s reasoning

  1. 01

    Jersey customary law

    A procureur generale has complete control over the property of the person appointing him, and the appointment may not be revoked without consent unless there is proof before the Royal Court of misconduct or other good reason.

06

Ratio, limits and disposition

Ratio decidendi

If the appointer is of sound mind, able to conduct their own affairs, and unwilling for the procuration to continue, the procureur's fear of dissipation of assets is not a sufficient objection to revocation.

Court disposition

appointment revoked

  • procureur generale's appointment revoked

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[1997] JLR 309

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BAILII >> Databases >> Jersey Law Reports >> Le Prevost v Backhurst [1997] JLR 309 (15 December 1997) URL: https://www.bailii.org/je/cases/JLR/1997/JLR970309.html Cite as: [1997] JLR 309 [ New search ] [ Help ] Le Prevost v Backhurst 1997 JLR 309 (15 December 1997) Agency - powers of attorney - nature of power - procureur generale has complete control over property of person appointing him-appointment may not be revoked without consent without proof before Royal Court of misconduct or other good reason-if appointer is of sound mind, able to conduct own affairs and unwilling for procuration to continue, procureur's fear that will dissipate assets insufficient objection 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 309 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1997/JLR970309.html

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