Chartier v Jersey Post [2007] JRC 212 (15 November 2007)

Chartier v Jersey Post [2007] JRC 212 (15 November 2007)

The Court of Appeal did not restrict the evidence to be adduced before the new court; the retrial is a trial de novo and all relevant evidence may be heard. There are no prospects of success in the appeal, so leave to appeal out of time is refused.

Citation
[2007] JRC 212
Parties
Plaintiff: Mr Chartier; Defendant: Jersey Post
Jurisdiction
Jersey
Judgment Date
15 November 2007
Procedural Posture
Personal Injury / Application for Leave to Appeal Out of Time
Outcome
application refused
Legal Topics
Appeal Out of Time, Directions Order, Admissibility of Evidence, Second Trial Procedure
Civil Procedure Personal Injury Appeal Out of Time Directions Order Admissibility of Evidence Second Trial Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Chartier

Plaintiff

Jersey Post

Defendant

Procedural Posture

Personal Injury / Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether leave to appeal out of time should be granted against the Master's directions order
  2. 2 Whether the new court is restricted to evidence adduced before the previous trial

Ratio Decidendi

The Court of Appeal did not restrict the evidence to be adduced before the new court; the retrial is a trial de novo and all relevant evidence may be heard. There are no prospects of success in the appeal, so leave to appeal out of time is refused.

Court Disposition

application refused

Orders

  • Leave to appeal out of time is refused.
  • Master to give further directions on 5th November.