I -v- J [2015] JRC 025 (03 February 2015)

I -v- J [2015] JRC 025 (03 February 2015)

Appointment of an amicus curiae is not justified in this case as the dispute is a factual one, not legally complex, and the defendant's challenges relate to practical and procedural matters rather than points of law. The function of an amicus is not to represent a party but to assist the court on law or procedure. The defendant's circumstances do not meet the threshold for appointment, but discretionary legal aid or assistance from a Mackenzie Friend may be appropriate.

Citation
[2015] JRC 025
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
03 February 2015
Procedural Posture
Civil / Interlocutory Application for Appointment of Amicus
Outcome
application refused
Legal Topics
Amicus Curiae, Legal Aid, Self Representation, Breach of Contract
Civil Procedure Contract Law Amicus Curiae Legal Aid Self Representation Breach of Contract

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil / Interlocutory Application for Appointment of Amicus

Legal Issues

  1. 1 Whether an amicus curiae should be appointed for the defendant in breach of contract proceedings
  2. 2 Whether the defendant's circumstances justify appointment of an amicus curiae

Ratio Decidendi

Appointment of an amicus curiae is not justified in this case as the dispute is a factual one, not legally complex, and the defendant's challenges relate to practical and procedural matters rather than points of law. The function of an amicus is not to represent a party but to assist the court on law or procedure. The defendant's circumstances do not meet the threshold for appointment, but discretionary legal aid or assistance from a Mackenzie Friend may be appropriate.

Court Disposition

application refused

Orders

  • Refusal to appoint an amicus curiae for the defendant
  • Invitation to the Bâtonnier to consider discretionary legal aid for the defendant