Mr A v V Trustees Limited (formerly G Trustees Limited) and Ors 19-Jan-2021 [2021] JCA 012 (19 January 2021)

Mr A v V Trustees Limited (formerly G Trustees Limited) and Ors 19-Jan-2021 [2021] JCA 012 (19 January 2021)

The application for appointment of an amicus curiae is refused because the appellant has demonstrated sufficient ability to present his case, the issues on appeal are not complex or outside the appellant's competence, and the involvement of an amicus would not materially assist the administration of justice at the appellate stage.

Citation
[2021] JCA 012
Parties
Appellant: Mr A; First Respondent: V Trustees Limited (formerly G Trustees Limited); Second Respondent: Mrs C; Third Respondent: Mr D
Jurisdiction
Jersey
Judgment Date
19 January 2021
Procedural Posture
Appeal / Application for Appointment of Amicus Curiae Prior to Substantive Appeal Hearing
Outcome
Application for appointment of amicus curiae refused
Legal Topics
Appointment of Amicus Curiae, Trustee Retirement, Expert Evidence, Appeal Procedure
Trusts and Equity Civil Procedure Appointment of Amicus Curiae Trustee Retirement Expert Evidence Appeal Procedure

Case Brief

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Parties

Mr A

Appellant

V Trustees Limited (formerly G Trustees Limited)

First Respondent

Mrs C

Second Respondent

Mr D

Third Respondent

Procedural Posture

Appeal / Application for Appointment of Amicus Curiae Prior to Substantive Appeal Hearing

Legal Issues

  1. 1 Whether an amicus curiae should be appointed to assist a litigant in person on appeal
  2. 2 Whether the Royal Court erred in treating a witness as an expert in Bermudan law
  3. 3 Whether the Royal Court erred in refusing oral evidence from the appellant's expert

Ratio Decidendi

The application for appointment of an amicus curiae is refused because the appellant has demonstrated sufficient ability to present his case, the issues on appeal are not complex or outside the appellant's competence, and the involvement of an amicus would not materially assist the administration of justice at the appellate stage.

Court Disposition

Application for appointment of amicus curiae refused

Orders

  • Application for appointment of amicus curiae is refused