P-S v C [2006] JLR 463 (09 October 2006)
- Citation
- [2006] JLR 463
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Family Law Financial Provision Appeal / Application for Leave to Appeal Out of Time
More details
- Posture
- Family Law Financial Provision Appeal / Application for Leave to Appeal Out of Time
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Leave to appeal out of time may be granted if new events or material non-disclosure are established, but the application must be made promptly; a six-month delay between intention to challenge and application may be excessive.
Court disposition
Leave to appeal out of time may be refused if the application is not made promptly; a six-month delay may be excessive.
02
Material facts
Parties
P-S
ApplicantC
Respondent03
Procedural history
Posture
Family Law Financial Provision Appeal / Application for Leave to Appeal Out of Time
04
Questions and positions
Legal issues
- 01
Whether leave to appeal out of time should be granted in financial provision proceedings
- 02
Whether new events or material non-disclosure justify extension of time
Party arguments
- Applicant
- Leave to appeal out of time should be granted due to new events invalidating the basis of the award or material non-disclosure by the other party.
- Respondent
- Application for leave to appeal out of time was not made promptly and the delay is excessive.
05
Court’s reasoning
Legal principles
- 01
[2006] JLR 463
Leave to appeal out of time may be granted if new events invalidate the basis on which the award was made or if there was material non-disclosure by a party prior to the award. The application must be made promptly. If based on non-disclosure, time is allowed to comprehend the extent and consequences of the new facts, obtain legal representation, and possibly public funding.
06
Ratio, limits and disposition
Ratio decidendi
Leave to appeal out of time may be granted if new events or material non-disclosure are established, but the application must be made promptly; a six-month delay between intention to challenge and application may be excessive.
Court disposition
Leave to appeal out of time may be refused if the application is not made promptly; a six-month delay may be excessive.
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> P-S v C [2006] JLR 463 (09 October 2006) URL: https://www.bailii.org/je/cases/JLR/2006/JLR060463.html Cite as: [2006] JLR 463 [ New search ] [ Help ] P-S v C 2006 JLR 463 (09 October 2006) Family Law-financial provision-appeals-leave to appeal out of time may be granted if (a) new events invalidate basis on which award made, or (b) material non-disclosure by party prior to award-application to be made promptly-if (b), time allowed to comprehend extent and consequences of different facts (with professional accounting advice if appropriate), obtain legal representation and possibly public funding-6-month delay between intention to challenge order and application may be excessive 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: 2006 JLR 463 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2006/JLR060463.html
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