Mackinnon v Crill (No. 1) [2006] JLR 499 (09 November 2006)

Mackinnon v Crill (No. 1) [2006] JLR 499 (09 November 2006)

A caveat preventing the sale of land will only be granted if it is necessary and proportionate in the interests of justice, and not if alternative security is available or if the applicant has not notified the debtor of the claim.

Citation
[2006] JLR 499
Parties
Applicant: Mackinnon; Respondent: Crill
Jurisdiction
Jersey
Judgment Date
09 November 2006
Procedural Posture
Land Law Application / Interlocutory
Outcome
Application for caveat subject to necessity, proportionality, and consideration of alternatives.
Legal Topics
Caveat, Sale of Land, Mareva Injunction, Alternative Security
Land Law Civil Procedure Caveat Sale of Land Mareva Injunction Alternative Security

Case Brief

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Parties

Mackinnon

Applicant

Crill

Respondent

Procedural Posture

Land Law Application / Interlocutory

Legal Issues

  1. 1 Whether a caveat preventing sale of land should be granted
  2. 2 What are the duties of the applicant and the court on such an application
  3. 3 Whether a caveat is necessary and proportionate in the interests of justice

Ratio Decidendi

A caveat preventing the sale of land will only be granted if it is necessary and proportionate in the interests of justice, and not if alternative security is available or if the applicant has not notified the debtor of the claim.

Court Disposition

Application for caveat subject to necessity, proportionality, and consideration of alternatives.

Orders

  • Applicant must notify debtor of claim before applying for caveat.
  • Applicant must consider and, if appropriate, accept alternative security before seeking a caveat.