Viscount v. Att. Gen. [2017] 1 JLR 133 (29 March 2017)
- Citation
- [2017] 1 JLR 133
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Appeal / Court of Appeal
More details
- Posture
- Appeal / Court of Appeal
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Court of Appeal can hear an appeal where the matter is of genuine public importance, even if there is no longer a lis between the parties, such as an appeal by the Viscount regarding the basis on which assets are held pursuant to a saisie judiciaire.
Court disposition
appeal heard on public importance grounds
02
Material facts
Parties
Viscount
AppellantAttorney General
Respondent03
Procedural history
Posture
Appeal / Court of Appeal
04
Questions and positions
Legal issues
- 01
Whether the Court of Appeal can hear an appeal where there is no longer a lis between the parties if the matter is of genuine public importance
- 02
The basis on which assets are held pursuant to a saisie judiciaire
Party arguments
- Applicant
- The Viscount argued that the appeal should be heard to clarify the basis on which assets are held under a saisie judiciaire, as the issue is of public importance.
- Respondent
- The Attorney General contended that the appeal should not proceed as there was no longer a live dispute (lis) between the parties.
05
Court’s reasoning
Legal principles
- 01
Court's reasoning in the present case
The Court of Appeal has jurisdiction to hear appeals on matters of genuine public importance even if there is no longer a lis between the parties.
06
Ratio, limits and disposition
Ratio decidendi
The Court of Appeal can hear an appeal where the matter is of genuine public importance, even if there is no longer a lis between the parties, such as an appeal by the Viscount regarding the basis on which assets are held pursuant to a saisie judiciaire.
Court disposition
appeal heard on public importance grounds
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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