Skinner v Le Main [1989] JLR 161 (05 April 1989)
- Citation
- [1989] JLR 161
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Application for New Trial
More details
- Posture
- Civil / Application for New Trial
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
A retrial is justified if a miscarriage of justice has occurred due to the denial of a party's right to be heard, regardless of whether the court's conduct is classified as 'misdirection' under the rules.
Court disposition
retrial ordered
Orders
- A new trial is to be held due to miscarriage of justice caused by denial of the right to be heard.
02
Material facts
Parties
Skinner
ApplicantLe Main
Respondent03
Procedural history
Posture
Civil / Application for New Trial
04
Questions and positions
Legal issues
- 01
Whether wrongful conduct of the case by the court constitutes 'misdirection' under Court of Appeal (Civil) (Jersey) Rules, 1964, r.13(1)
- 02
Whether a retrial should be ordered if a miscarriage of justice occurred due to denial of the right to be heard
Party arguments
- Applicant
- The applicant argued that the court's wrongful conduct and denial of the right to be heard amounted to a miscarriage of justice, justifying a retrial.
- Respondent
- The respondent contended that the court's conduct was at most a misdirection and did not warrant a retrial under the applicable rules.
05
Court’s reasoning
Legal principles
- 01
Court of Appeal (Civil) (Jersey) Rules, 1964, r.13(1)
A retrial may be ordered if a miscarriage of justice is caused by denial of the right to be heard, even if the court's conduct is not strictly 'misdirection' under the rules.
06
Ratio, limits and disposition
Ratio decidendi
A retrial is justified if a miscarriage of justice has occurred due to the denial of a party's right to be heard, regardless of whether the court's conduct is classified as 'misdirection' under the rules.
Court disposition
retrial ordered
- A new trial is to be held due to miscarriage of justice caused by denial of the right to be heard.
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Skinner v Le Main [1989] JLR 161 (05 April 1989) URL: https://www.bailii.org/je/cases/JLR/1989/JLR890161.html Cite as: [1989] JLR 161 [ New search ] [ Help ] Skinner v Le Main 1989 JLR 161 (05 April 1989) Civil Procedure - new trial - reasons for order - doubtful whether wrongful conduct of case by court mere "misdirection" under Court of Appeal (Civil) (Jersey) Rules, 1964, r.13(1) justifying refusal of retrial-retrial if miscarriage of justice caused by denial of representor's right to be heard after decision to dismiss representation 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: 1989 JLR 161 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1989/JLR890161.html
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