Le Prevost v Backhurst [1997] JLR 309 (15 December 1997)

Le Prevost v Backhurst [1997] JLR 309 (15 December 1997)

If the appointer is of sound mind, able to conduct their own affairs, and unwilling for the procuration to continue, the procureur's fear of dissipation of assets is not a sufficient objection to revocation.

Citation
[1997] JLR 309
Parties
Appointer: Le Prevost; Procureur Generale: Backhurst
Jurisdiction
Jersey
Judgment Date
15 December 1997
Procedural Posture
Civil / Judgment
Outcome
appointment revoked
Legal Topics
Powers of Attorney, Revocation of Power, Control Over Property
Agency Law Powers of Attorney Revocation of Power Control Over Property

Case Brief

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Parties

Le Prevost

Appointer

Backhurst

Procureur Generale

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether a procureur generale's appointment may be revoked without consent and without proof of misconduct or other good reason before the Royal Court
  2. 2 Whether the procureur's fear of dissipation of assets is a sufficient objection to revocation when the appointer is of sound mind

Ratio Decidendi

If the appointer is of sound mind, able to conduct their own affairs, and unwilling for the procuration to continue, the procureur's fear of dissipation of assets is not a sufficient objection to revocation.

Court Disposition

appointment revoked

Orders

  • procureur generale's appointment revoked