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Jersey Case Law

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Criminal law

Christian O’Byrne v The Attorney General

The Royal Court held the appeal was out of time from conviction, granted leave to appeal out of time, but refused to order a rehearing of witnesses or production of meeting notes.

  • Grave and criminal assault
  • Notice of appeal out of time
  • Transcript unavailable
  • Leave to appeal out of time
  • Alleged bias
  • Criminal-appeal-procedure
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Civil procedure [2013] JCA 236

Pitmans -v- JEP and 1st Jersey Limited

Pitmans -v- JEP and 1st Jersey Limited [2013] JCA 236 (27 November 2013)

The Court of Appeal dismissed a renewed application for leave to appeal out of time in a defamation case, finding the delay unjustified and the bias claims unpersuasive.

  • Leave to appeal out of time
  • Judicial bias
  • Defamation
  • Role of jurats
  • Procedural delay
  • Leave-to-appeal-out-of-time
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Family law [2006] JLR 463

P-S v C

P-S v C [2006] JLR 463 (09 October 2006)

Application for leave to appeal out of time in a family financial provision case. The court noted such leave may be granted for new events or material non-disclosure, but prompt application is required.

  • Financial provision
  • Appeals
  • Leave to appeal out of time
  • Material non-disclosure
  • Family-law
  • Financial-provision
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Criminal law [2006] JCA 012

Sullivan -v- AG 27-Jan-2006

Sullivan -v- AG 27-Jan-2006 [2006] JCA 012 (27 January 2006)

The Court of Appeal granted leave to appeal out of time, but refused substantive leave to appeal sentence, holding the 5½-year drug sentence and total six-year term were not manifestly excessive.

  • Sentencing
  • Totality principle
  • Possession of controlled drugs
  • Affray
  • Leave to appeal out of time
  • Totality-principle
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Criminal law

Mendes v The Attorney General

The Royal Court allowed Mendes to withdraw his abandonment notice and granted leave to appeal, but refused oral evidence and dismissed the appeal against deportation.

  • Appeal procedure
  • Abandonment of appeal
  • Leave to appeal out of time
  • Deportation recommendation
  • Article 8 family life
  • Admissibility of further evidence
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Family law [1999] JLR 211

Worthington v Barette

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

Jersey family law appeal on leave to appeal out of time in a financial provision case, setting out when new events and prompt action may justify permission.

  • Financial provision
  • Appeals
  • Leave to appeal out of time
  • Family-law
  • Financial-provision
  • Leave-to-appeal-out-of-time
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Criminal procedure [1985] JLR 1

La Solitude v Att. Gen.

La Solitude v Att. Gen. [1985] JLR 1 (20 April 1983)

Application for leave to appeal out of time dismissed; a new point of law not raised below was not a special circumstance justifying extension.

  • Appeals
  • Leave to appeal out of time
  • Extension of time
  • Criminal-procedure
  • Extension-of-time
  • Leave-to-appeal-out-of-time
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Jersey decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.