Representation of Barnett [2014] JRC 141A (11 July 2014)

Representation of Barnett [2014] JRC 141A (11 July 2014)

A caveat cannot be used to prevent the Viscount from fulfilling his statutory and court-ordered duty to sell assets in a désastre; there is no evidence of gross undervalue or negligence justifying intervention.

Citation
[2014] JRC 141A
Parties
Applicant: Mr Barnett; Respondent: Viscount; Debtor: Mrs Angela Claudette Amy
Jurisdiction
Jersey
Judgment Date
11 July 2014
Procedural Posture
Application for Caveat / Interlocutory Hearing
Outcome
application dismissed
Legal Topics
Caveat, Sale of Property, Desastre, Joint Ownership, Licitation
Property Law Insolvency Law Caveat Sale of Property Desastre Joint Ownership Licitation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Mr Barnett

Applicant

Viscount

Respondent

Mrs Angela Claudette Amy

Debtor

Procedural Posture

Application for Caveat / Interlocutory Hearing

Legal Issues

  1. 1 Whether a caveat should be issued to restrain the sale of Sous Le Mont by the Viscount in the context of a désastre.

Ratio Decidendi

A caveat cannot be used to prevent the Viscount from fulfilling his statutory and court-ordered duty to sell assets in a désastre; there is no evidence of gross undervalue or negligence justifying intervention.

Court Disposition

application dismissed

Orders

  • No caveat issued; Viscount may proceed with sale of Sous Le Mont.