Le Prevost v Backhurst [1997] JLR 309 (15 December 1997)
- Citation
- [1997] JLR 309
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Judgment
More details
- Posture
- Civil / Judgment
On this page
Professional case brief
Research organized from the available case record
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
AppointerBackhurst
Procureur Generale03
Procedural history
Posture
Civil / Judgment
04
Questions and positions
Legal issues
- 01
Whether a procureur generale's appointment may be revoked without consent and without proof of misconduct or other good reason before the Royal Court
- 02
Whether the procureur's fear of dissipation of assets is a sufficient objection to revocation when the appointer is of sound mind
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
Legal principles
- 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
Official court record
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Judgment text
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Court record
Judgment
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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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