Abc v Harbours & Airport Cttee. [1990] JLR 82 (06 April 1990)

If the matter in dispute is worth £500 or more and otherwise falls within art. 14, the Court of Appeal has no discretion to refuse leave to appeal to the Privy Council.

Citation: [1990] JLR 82
Jurisdiction: Jersey
Judgment Date: 06 April 1990
Procedural Posture: Appeal / Application for Leave to Appeal to Privy Council
Outcome: leave to appeal must be granted if statutory conditions are met
Legal Topics: Right of Appeal, Leave to Appeal, Jurisdiction of Privy Council

Appellate Procedure Right of Appeal Leave to Appeal Jurisdiction of Privy Council

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Procedural Posture

Appeal / Application for Leave to Appeal to Privy Council

Legal Issues

1 Whether leave of Court of Appeal is required for appeal to Privy Council under art. 14 of the Court of Appeal (Jersey) Law, 1961 when the matter in dispute is worth £500 or more
2 Whether the Court of Appeal has discretion to refuse leave if the case falls within art. 14

Ratio Decidendi

If the matter in dispute is worth £500 or more and otherwise falls within art. 14, the Court of Appeal has no discretion to refuse leave to appeal to the Privy Council.

Court Disposition

leave to appeal must be granted if statutory conditions are met