Planning Min. v Herold [2014] 1 JLR 160 (23 January 2014)
The court held that there is no discretion to extend the 14-day statutory time limit for serving notice of third party appeal under the Planning and Building (Jersey) Law 2002, art. 114(7), unless the appeal involves the determination of a civil right for the purposes of ECHR art. 6. In such cases, the court may...
Source-derived case information.
- Citation
- [2014] 1 JLR 160
- Parties
- Applicant: Planning Minister; Respondent: Herold
- Jurisdiction
- Jersey
- Judgment Date
- 23 January 2014
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Time Limits for Appeal, Extension of Time, Third Party Appeals, Royal Court Rules 2004 R.1/5, Planning and Building (jersey) Law 2002 Art.114(7), ECHR Art.6
Source-derived case record
Summary, issues, holding and outcome
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Parties
Planning Minister
Applicant
Herold
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the court has discretion to extend the 14-day time limit for serving notice of third party appeal under Planning and Building (Jersey) Law 2002, art. 114(7)
- 2 Whether Royal Court Rules 2004, r.1/5 or inherent jurisdiction allows extension
- 3 Whether ECHR art. 6 requires extension if civil rights are involved
Ratio Decidendi
The court held that there is no discretion to extend the 14-day statutory time limit for serving notice of third party appeal under the Planning and Building (Jersey) Law 2002, art. 114(7), unless the appeal involves the determination of a civil right for the purposes of ECHR art. 6. In such cases, the court may extend the time limit only if the very essence of the right of access to courts would otherwise be impaired, and only in exceptional circumstances where the appellant has acted promptly.
Court Disposition
appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [ DONATE ] Jersey Law Reports You are here: BAILII >> Databases >> Jersey Law Reports >> Planning Min. v Herold [2014] 1 JLR 160 (23 January 2014) URL: https://www.bailii.org/je/cases/JLR/2014/JLR141160.html Cite as: [2014] 1 JLR 160 [ New search ] [ Help ] Planning Min. v Herold 2014 (1) JLR 160 (23 January 2014) Planning Law-appeals-time for appeal-extension-no discretion (under Royal Court Rules 2004, r.1/5 or inherent jurisdiction) to extend 14-day limit under Planning and Building (Jersey) Law 2002, art. 114(7) for serving notice of third party appeal unless involves determination of civil right (for purposes of ECHR, art. 6)-if so, court may extend time limit if very essence of right of access to courts otherwise impaired-exceptional and appellant must act timeously 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: 2014 (1) JLR 160 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2014/JLR141160.html