Picot v Att. Gen. [2008] JLR 69 (12 March 2008)

Picot v Att. Gen. [2008] JLR 69 (12 March 2008)

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.

Citation
[2008] JLR 69
Parties
Applicant: Picot; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
12 March 2008
Procedural Posture
Curatorship Proceedings / Appeal Regarding Appointment of Curator
Outcome
Appeal dismissed
Legal Topics
Curatorship, Appointment of Curator, Locus Standi, Appeal Rights
Mental Health Law Curatorship Appointment of Curator Locus Standi Appeal Rights

Case Brief

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Parties

Picot

Applicant

Attorney General

Respondent

Procedural Posture

Curatorship Proceedings / Appeal Regarding Appointment of Curator

Legal Issues

  1. 1 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
  2. 2 Whether such a witness is a party to the proceedings and has locus standi to appeal if not appointed

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