Picot v Att. Gen. [2008] JLR 69 (12 March 2008)
- Citation
- [2008] JLR 69
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Curatorship Proceedings / Appeal Regarding Appointment of Curator
More details
- Posture
- Curatorship Proceedings / Appeal Regarding Appointment of Curator
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
A witness summoned to assist the court in curatorship proceedings is eligible for appointment as curator but is not a party to the proceedings and has no standing to appeal if not appointed; only the Attorney General and the proposed interdict are parties with such rights.
Court disposition
Appeal dismissed
02
Material facts
Parties
Picot
ApplicantAttorney General
Respondent03
Procedural history
Posture
Curatorship Proceedings / Appeal Regarding Appointment of Curator
04
Questions and positions
Legal issues
- 01
Whether a witness summoned under Mental Health (Jersey) Law 1969, art. 43(6) to assist the court in curatorship proceedings is eligible for appointment as curator
- 02
Whether such a witness is a party to the proceedings and has locus standi to appeal if not appointed
Party arguments
- Applicant
- The witness summoned to assist the court should be eligible for appointment as curator and should have standing to appeal if not appointed.
- Respondent
- Only the Attorney General and the proposed interdict are parties to the proceedings and have locus standi to appeal; a summoned witness is not a party and has no such right.
05
Court’s reasoning
Legal principles
- 01
Mental Health (Jersey) Law 1969, art. 43(6)
A witness summoned under Mental Health (Jersey) Law 1969, art. 43(6) to assist the court in curatorship proceedings is eligible for appointment as curator but is not a party to the proceedings and has no locus standi to appeal if not appointed.
06
Ratio, limits and disposition
Ratio decidendi
A witness summoned to assist the court in curatorship proceedings is eligible for appointment as curator but is not a party to the proceedings and has no standing to appeal if not appointed; only the Attorney General and the proposed interdict are parties with such rights.
Court disposition
Appeal dismissed
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 >> Picot v Att. Gen. [2008] JLR 69 (12 March 2008) URL: https://www.bailii.org/je/cases/JLR/2008/JLR080069.html Cite as: [2008] JLR 69 [ New search ] [ Help ] Picot v Att. Gen. 2008 JLR 69 (12 March 2008) Mental Health-curator-appointment-witness summoned under Mental Health (Jersey) Law 1969, art. 43(6) to assist court in curatorship proceedings, eligible for appointment as curator, not party to proceedings and no locus standi to appeal if not appointed-only Attorney General and proposed interdict parties 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: 2008 JLR 69 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2008/JLR080069.html
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