Syvret -v- AG [2015] JCA 020 (30 January 2015)

Syvret -v- AG [2015] JCA 020 (30 January 2015)

There was no evidence of personal or structural conflict sufficient to justify recusal; the delay in appealing was not substantial but unexplained, and the proposed appeals lacked merit; leave to appeal out of time was refused; no question of general public importance justified leave to appeal to the Privy Council.

Source-derived case information.

Citation
[2015] JCA 020
Parties
Applicant: Stuart Syvret; Respondent: The Attorney General
Jurisdiction
Jersey
Judgment Date
30 January 2015
Procedural Posture
Application for Leave to Appeal Out of Time / Court of Appeal Judgment
Outcome
Application for leave to appeal out of time refused; leave to appeal to Privy Council refused.
Legal Topics
Recusal, Extension of Time, Structural Conflict, Appeal Procedure, Costs Orders
Civil Procedure Judicial Bias Costs Enforcement Recusal Extension of Time Structural Conflict Appeal Procedure Costs Orders

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Parties

Stuart Syvret

Applicant

The Attorney General

Respondent

Procedural Posture

Application for Leave to Appeal Out of Time / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Court should recuse itself due to alleged structural conflict and bias
  2. 2 Whether leave to appeal out of time should be granted for three Royal Court orders
  3. 3 Whether the applicant is entitled to an adjournment

Ratio Decidendi

There was no evidence of personal or structural conflict sufficient to justify recusal; the delay in appealing was not substantial but unexplained, and the proposed appeals lacked merit; leave to appeal out of time was refused; no question of general public importance justified leave to appeal to the Privy Council.

Court Disposition

Application for leave to appeal out of time refused; leave to appeal to Privy Council refused.

Orders

  • Leave to appeal out of time the July, March, and April orders refused.
  • Leave to appeal to the Privy Council refused.