P -v- ) (Matrimonial) [2016] JCA 216 (22 November 2016)

P -v- ) (Matrimonial) [2016] JCA 216 (22 November 2016)

The Registrar and Royal Court provided sufficient reasons for their decisions, referencing statutory powers under Article 33 of the Matrimonial Causes (Jersey) Law 1949; the appellant has adequate information to pursue his appeal. It is inappropriate and unnecessary to direct the lower courts to provide further reasons. The application for disclosure from estate agents is refused as the appellant had opportunities to seek such evidence below and failed to do so; the criteria for admission of fresh evidence are not met.

Citation
[2016] JCA 216
Parties
Appellant: P; Respondent: O
Jurisdiction
Jersey
Judgment Date
22 November 2016
Procedural Posture
Appeal / Interlocutory Application Ruling
Outcome
interlocutory applications refused
Legal Topics
Variation of Matrimonial Orders, Division of Matrimonial Assets, Child Maintenance, Procedural Fairness, Admission of Fresh Evidence
Family Law Variation of Matrimonial Orders Division of Matrimonial Assets Child Maintenance Procedural Fairness Admission of Fresh Evidence

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Parties

P

Appellant

O

Respondent

Procedural Posture

Appeal / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether the Registrar and Royal Court must provide further and better reasons for their decisions under the Matrimonial Causes (Jersey) Law 1949
  2. 2 Whether estate agents should be ordered to disclose information to the appellant
  3. 3 Whether interlocutory applications for stay and amendment of appeal should be granted

Ratio Decidendi

The Registrar and Royal Court provided sufficient reasons for their decisions, referencing statutory powers under Article 33 of the Matrimonial Causes (Jersey) Law 1949; the appellant has adequate information to pursue his appeal. It is inappropriate and unnecessary to direct the lower courts to provide further reasons. The application for disclosure from estate agents is refused as the appellant had opportunities to seek such evidence below and failed to do so; the criteria for admission of fresh evidence are not met.

Court Disposition

interlocutory applications refused

Orders

  • Application for further reasons from Registrar and Royal Court refused.
  • Application for disclosure from estate agents refused.