A (Appellant) v R (Respondent) (Guernsey)

A (Appellant) v R (Respondent) (Guernsey)

The Seneschal of Sark has unlimited jurisdiction in civil matters, including child maintenance. The customary law of Sark, like that of Guernsey, can be judicially developed and includes an obligation for parents to maintain their children, whether legitimate or not. The court can make interim maintenance orders. Section 16 of the Court of Appeal (Guernsey) Law 1961 gives an appeal as of right where the value in dispute is £500 or more, and the contrary practice in Emerald Bay and Investec was wrongly decided. The law of Sark on maintenance is sufficiently accessible and precise. The issue of applicable law was not properly raised below and is an abuse of process.

Citation
[2018] UKPC 4
Parties
Appellant: A; Respondent: R
Jurisdiction
United Kingdom
Judgment Date
05 March 2018
Procedural Posture
Civil Appeal / Application for Special Leave to Appeal to the Privy Council From the Court of Appeal of Guernsey
Outcome
Appeal dismissed; special leave to appeal refused on applicable law issue; otherwise special leave granted but appeal dismissed.
Legal Topics
Child Maintenance, Jurisdiction of Seneschal of Sark, Development of Customary Law, Appeals Process, Interim Orders
Family Law Private International Law Customary Law Child Maintenance Jurisdiction of Seneschal of Sark Development of Customary Law Appeals Process Interim Orders

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Parties

A

Appellant

R

Respondent

Procedural Posture

Civil Appeal / Application for Special Leave to Appeal to the Privy Council From the Court of Appeal of Guernsey

Legal Issues

  1. 1 Whether special leave to appeal is required from the Court of Appeal of Guernsey where the value in dispute exceeds £500
  2. 2 Extent of the jurisdiction of the Seneschal of Sark in civil matters
  3. 3 Scope for judicial development of the common law or customary law in Sark

Ratio Decidendi

The Seneschal of Sark has unlimited jurisdiction in civil matters, including child maintenance. The customary law of Sark, like that of Guernsey, can be judicially developed and includes an obligation for parents to maintain their children, whether legitimate or not. The court can make interim maintenance orders. Section 16 of the Court of Appeal (Guernsey) Law 1961 gives an appeal as of right where the value in dispute is £500 or more, and the contrary practice in Emerald Bay and Investec was wrongly decided. The law of Sark on maintenance is sufficiently accessible and precise. The issue of applicable law was not properly raised below and is an abuse of process.

Court Disposition

Appeal dismissed; special leave to appeal refused on applicable law issue; otherwise special leave granted but appeal dismissed.

Orders

  • Special leave to appeal refused on the issue of applicable law.
  • Special leave to appeal otherwise granted.