Skinner v Le Main [1989] JLR 161 (05 April 1989)

Skinner v Le Main [1989] JLR 161 (05 April 1989)

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.

Citation
[1989] JLR 161
Parties
Applicant: Skinner; Respondent: Le Main
Jurisdiction
Jersey
Judgment Date
05 April 1989
Procedural Posture
Civil / Application for New Trial
Outcome
retrial ordered
Legal Topics
New Trial, Misdirection, Right to Be Heard, Miscarriage of Justice
Civil Procedure New Trial Misdirection Right to Be Heard Miscarriage of Justice

Case Brief

Summary, issues, holding and outcome

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Parties

Skinner

Applicant

Le Main

Respondent

Procedural Posture

Civil / Application for New Trial

Legal Issues

  1. 1 Whether wrongful conduct of the case by the court constitutes 'misdirection' under Court of Appeal (Civil) (Jersey) Rules, 1964, r.13(1)
  2. 2 Whether a retrial should be ordered if a miscarriage of justice occurred due to denial of the right to be heard

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

Orders

  • A new trial is to be held due to miscarriage of justice caused by denial of the right to be heard.