Slot -v- Shaw [2011] JRC 009 (14 January 2011)

Slot -v- Shaw [2011] JRC 009 (14 January 2011)

The applicants had no reasonably arguable defence, failed to take timely steps to challenge the mediation settlement, and the court is functus officio; refusal of leave to appeal was correct.

Citation
[2011] JRC 009
Parties
Defendant: Applicants; Plaintiff: Respondent
Jurisdiction
Jersey
Judgment Date
14 January 2011
Procedural Posture
Application for Leave to Appeal / Post Refusal Reconsideration
Outcome
leave to appeal refused
Legal Topics
Appeals, Mediation, Default Judgment, Jurisdiction
Civil Procedure Appeals Mediation Default Judgment Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Applicants

Defendant

Respondent

Plaintiff

Procedural Posture

Application for Leave to Appeal / Post Refusal Reconsideration

Legal Issues

  1. 1 Whether leave to appeal should be granted after refusal
  2. 2 Whether applicants had a reasonably arguable defence to the claim
  3. 3 Whether mediation settlement could be reopened or set aside

Ratio Decidendi

The applicants had no reasonably arguable defence, failed to take timely steps to challenge the mediation settlement, and the court is functus officio; refusal of leave to appeal was correct.

Court Disposition

leave to appeal refused

Orders

  • No leave for further appeal to Privy Council
  • Matter concluded; no further reconsideration