O'Brien v Marett [2008] JRC 007 (16 January 2008)

None of the criteria for granting leave to appeal or extension of time were satisfied; the Third Party was fully aware of the actions taken on his behalf, and no substantial miscarriage of justice or clear case of something having gone wrong was demonstrated.

Citation: [2008] JRC 007
Parties: Petitioner: Petitioner; Third Party: Third Party; Respondent: Respondent
Jurisdiction: Jersey
Judgment Date: 16 January 2008
Procedural Posture: Civil / Post Judgment Application for Leave to Appeal and Extension of Time
Outcome: applications dismissed
Legal Topics: Leave to Appeal, Extension of Time, Costs Orders, Case Management Directions, Consent Order, Miscarriage of Justice

Civil Procedure Leave to Appeal Extension of Time Costs Orders Case Management Directions Consent Order Miscarriage of Justice

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Parties

Petitioner

Third Party

Respondent

Procedural Posture

Civil / Post Judgment Application for Leave to Appeal and Extension of Time

Legal Issues

1 Whether leave to appeal should be granted against judgments dated 29 May 2007 and 25 June 2007
2 Whether extension of time to file notice of appeal should be granted
3 Whether there was a substantial miscarriage of justice or clear case of something having gone wrong

Ratio Decidendi

Court Disposition

applications dismissed

Orders

Paragraph (2) of the summons (leave to appeal/extension of time) dismissed
Paragraph (3) of the summons (extension of time to appeal costs order) dismissed