Jersey Judgment

Worthington v Barette [1999] JLR 211 (26 July 1999)

Family Law Financial Provision Appeals Leave to Appeal Out of Time

Citation: [1999] JLR 211
Status: Judgment
Jurisdiction: Jersey
Posture: Family Law Appeal / Application for Leave to Appeal Out of Time

More details

Posture: Family Law Appeal / Application for Leave to Appeal Out of Time

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Professional case brief

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Source document

Holding and result

Leave to appeal out of time in financial provision cases may be granted if new events arise soon after the order, the application is made promptly, and no prejudice is caused to third parties, especially if within a deferral period allowed by the original order.

Material facts

Parties

Worthington

Applicant

Barette

Respondent

Procedural history

Posture

Family Law Appeal / Application for Leave to Appeal Out of Time

Questions and positions

Legal issues

Whether leave to appeal out of time should be granted in financial provision cases

Party arguments

Applicant: Applicant seeks leave to appeal out of time on the basis of new events affecting the original award.
Respondent: Respondent likely opposes leave, possibly citing finality and prejudice.

Court’s reasoning

Legal principles

01
[1999] JLR 211

Leave to appeal out of time may be granted if (a) new events invalidate the basis on which the award was made; (b) new events occurred soon after the order; (c) application for leave made promptly; and (d) grant of leave not prejudicial to third parties—more likely if application made during period of deferral allowed by original order.

Ratio, limits and disposition

Ratio decidendi

Leave to appeal out of time in financial provision cases may be granted if new events arise soon after the order, the application is made promptly, and no prejudice is caused to third parties, especially if within a deferral period allowed by the original order.

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Judgment

[1999] JLR 211

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BAILII >> Databases >> Jersey Law Reports >> Worthington v Barette [1999] JLR 211 (26 July 1999) URL: https://www.bailii.org/je/cases/JLR/1999/JLR990211.html Cite as: [1999] JLR 211 [ New search ] [ Help ] Worthington v Barette 1999 JLR 211 (26 July 1999) Family Law - financial provision - appeals - leave to appeal out of time may be granted if (a) new events invalidate basis on which award made; (b) new events occurred soon after order; (c) application for leave made promptly; and (d) grant of leave not prejudicial to third parties-more likely if application made during period of deferral allowed by original order 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: 1999 JLR 211 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1999/JLR990211.html

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[1999] JLR 211

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