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Representation Of Sheppard Re Powell
''Representation of Sheppard re Powell'' is a Jersey Court of Appeal case relating to eviction injunctions. The case resolved around Powell raising a ' to prevent eviction and Sheppard appealed against the subsequent automatic injunction preventing eviction. The court ruled that a ' could not be used to block court orders and fined Powell £50 for incorrect usage. Background Caroline Powell was a homeowner in St Brelade. She was subject to insolvency proceedings that included repossession of her house. She applied to the Royal Court in 2018 for '. The application failed and Powell was deemed to have made ' to any rights. An appeal to the Court of Appeal ruled that Powell had a "precarious interest" in the property and was granted ' to sell the property to pay creditors but she refused to allow people to view the house. The jurats ruled that interest expired on 27 November 2020 after the Royal Court ruled the Sheppards to be ' after purchasing the house and ordered the Viscount ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Bailhache
Sir William James Bailhache KC (born 24 June 1953) is a Jersey lawyer who was Bailiff of Jersey from 29 January 2015 until 11 October 2019. He is the brother of Sir Philip Bailhache who previously served as Bailiff. He was educated at Charterhouse School and Merton College, Oxford. He held the position of Her Majesty's Attorney General in Jersey for almost 10 years before being sworn in as the island's Deputy Bailiff on 2 November 2009 and then as Bailiff 29 February 2015 until 11 October 2019. He was made a Knight Bachelor in the 2017 Birthday Honours The 2017 Queen's Birthday Honours are appointments by some of the 16 Commonwealth realms of Queen Elizabeth II to various orders and honours to reward and highlight good works by citizens of those countries. The Birthday Honours are awarded as p .... References Living people 1953 births People educated at Charterhouse School Alumni of Merton College, Oxford Bailiffs of Jersey Jersey lawyers Knights Bachelor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Clameur De Haro
The () is an ancient legal injunction of restraint employed by a person who believes they are being wronged by another at that moment. It survives as a fully enforceable law to this day in the legal systems of Jersey and Guernsey, and is used, albeit infrequently, for matters affecting land. History The ' was perhaps most famously used by a landowner named Asselin FitzArthur to object to the burial of William the Conqueror. Asselin maintained that the church in which the king was to be buried had been built on land unlawfully seized from his family. Procedure The procedure is performed on one's knees before at least two witnesses, in the presence of the wrong-doer, and in the location of the offence. The ' with his hand in the air must call out — Following this, the ' must recite the Lord's Prayer in French. On hearing this, the alleged wrong-doer must cease his challenged activities until the matter is adjudicated in court. Failure to stop will lead to the imposit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
St Brelade
St. Brelade ( French: ''Saint Brélade'') is one of the twelve parishes of Jersey in the Channel Islands. It is around west of St Helier. Its population was 10,568 as of 2011. The parish is the second-largest parish by surface area, covering 7,103 vergées (12.78 km2), which is 11% of the total land surface of the island and it occupies the southwestern part of the island. It is the only parish to border only one other parish, St. Peter. The parish is largely a suburban commuter area for St Helier, with expansive low rise residential development, especially in the urban area of Les Quennevais. However, the parish also has a number of notable natural sites, such as the sand dunes of St Ouen's Bay. History Its name is derived from a 6th-century Celtic or Welsh "wandering saint" named Branwalator or St. Brelade (also ''Branwallder'', ''Broladre'', ''Brelodre'', ''Brélade''), who is said to have been the son of the Cornish king, Kenen. He is also said to have been a disc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurat
The ''jurats'' () are lay people in Guernsey and Jersey who act as judges of fact rather than law, though they preside over land conveyances and liquor licensing. In Alderney, however, the jurats are judges of both fact and law (assisted by their learned clerk) in both civil and criminal matters. Etymology The term derives from the Latin ''iūrātus'', "sworn an. History Under the ''Ancien Régime'' in France, in several towns, of the south-west, such as La Rochelle and Bordeaux, the jurats were members of the municipal body. The title was also borne by officials, corresponding to aldermen, in the Cinque Ports, but is now chiefly used as a title of office in the Channel Islands. There are two bodies, consisting each of twelve jurats, for the Bailiwicks of Jersey and of Guernsey respectively. They form, with the bailiff as presiding judge, the Royal Court in each Bailiwick. In Guernsey and Jersey, the jurats, as lay people, are judges of fact rather than law, though they pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Viscount Of Jersey
The Viscount of Jersey (french: Vicomte de Jersey) has, since the 14th century, been the chief executive officer of the Royal Court of Jersey. Since 1930, court services have been provided by the Viscount's Department (french: Département du Vicomte) in conjunction with the Judicial Greffe. Until 1973 the Viscount was appointed by the Crown; since 1973 Viscounts have been appointed by the Bailiff of Jersey. The principal function of the Viscount (also referred to in Channel Island English by the Jersey Legal French title of the ''Vicomte'') is the execution of the orders of the courts of Jersey. This involves managing fines, bail monies, seizures, confiscations, evictions, service of process, arrests for non-appearance in court and other enforcement procedures. The Viscount manages jury selection and exemption, financial assistance to jury members and acts as ''surveillant'' for the jury. The Viscount also acts as coroner to deal with matters relating to sudden or unexpe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Norman Law
Norman law (, , ) refers to the customary law of the Duchy of Normandy which developed between the 10th and 13th centuries and which survives today in the legal systems of Jersey and the other Channel Islands. It grew out of a mingling of Frankish customs and Viking ones after the creation of Normandy as a Norse colony under French rule in 911. There are traces of (Anglo-)Scandinavian law in the customary laws of Normandy. A charter of 1050 (''Cartulaire Saint-Pierre-de-Préaux'', concerning the land of Vascœuil),Elisabeth Ridel, ''Les vikings et les mots : l'apport de l'ancien scandinave à la langue française'', éditions Errrance, 2009, p. 101-102-103-104 listing several pleas before Duke William II, refers to the penalty of banishment as ''ullac'' "(put) out of law" (from Old Norse ''útlagr'' "(be) banished"), well attested in the Norwegian and Anglo-Saxon laws as ''utlah'' and those sentenced for ''ullac'' are called ''ulages'' (< ''útlagi'' "outlaws"). T ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord's Prayer
The Lord's Prayer, also called the Our Father or Pater Noster, is a central Christian prayer which Jesus taught as the way to pray. Two versions of this prayer are recorded in the gospels: a longer form within the Sermon on the Mount in the Gospel of Matthew, and a shorter form in the Gospel of Luke when "one of his disciples said to him, 'Lord, teach us to pray, as John taught his disciples. Regarding the presence of the two versions, some have suggested that both were original, the Matthean version spoken by Jesus early in his ministry in Galilee, and the Lucan version one year later, "very likely in Judea". The first three of the seven petitions in Matthew address God; the other four are related to human needs and concerns. Matthew's account alone includes the "Your will be done" and the "Rescue us from the evil one" (or "Deliver us from evil") petitions. Both original Greek texts contain the adjective ''epiousios'', which does not appear in any other classical or Koine Greek ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bailiff (Channel Islands)
The bailiff is the chief justice in each of the Channel Island bailiwicks of Guernsey and Jersey, also serving as president of the legislature and having ceremonial and executive functions. Each bailiwick has possessed its own bailiff since the islands were divided into two jurisdictions in the 13th century. The bailiffs and deputy bailiffs are appointed by the Crown on the advice of the Secretary of State for Justice (not by the governments or legislatures of the islands) and may hold office until retirement age (65 in Guernsey, 70 in Jersey). Roles of the bailiffs Originally, the bailiff was both legislator and judge, but the position has become increasingly concentrated on the judicial functions. The bailiff presides in the main trial court in his island – the Royal Court of Jersey and the Royal Court of Guernsey, where they sit with Jurats, elected lay judges responsible for making finds of fact. The bailiff of each island is also a member of the court of appeal i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Distinguishing
The ruling made by the judge or panel of judges must be based on the evidence at hand and the standard binding precedents covering the subject-matter (they must be ''followed''). Definition In law, to distinguish a case means a court decides the holding or legal reasoning of a precedent case will not apply due to materially different facts between the two cases. Two formal constraints constrain the later court: the expressed relevant factors (also known as considerations, tests, questions or determinants) in the ''ratio'' (legal reasoning) of the earlier case must be recited or their equivalent recited or the earlier case makes an exception for their application in the circumstances otherwise it envisages, and the ruling in the later case must not expressly doubt (criticise) the result reached in the precedent case.Lamond, Grant"Precedent and Analogy in Legal Reasoning: 2.1 Precedents as laying down rules:2.1.2 The practice of distinguishing". ''Stanford Encyclopedia of Philo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly Justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the 'Privy Council', the Judicial Committee is only one const ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jersey Case Law
Jersey ( , ; nrf, Jèrri, label=Jèrriais ), officially the Bailiwick of Jersey (french: Bailliage de Jersey, links=no; Jèrriais: ), is an island country and self-governing Crown Dependency near the coast of north-west France. It is the largest of the Channel Islands and is from the Cotentin Peninsula in Normandy. The Bailiwick consists of the main island of Jersey and some surrounding uninhabited islands and rocks including Les Dirouilles, Les Écréhous, Les Minquiers, and Les Pierres de Lecq. Jersey was part of the Duchy of Normandy, whose dukes became kings of England from 1066. After Normandy was lost by the kings of England in the 13th century, and the ducal title surrendered to France, Jersey remained loyal to the English Crown, though it never became part of the Kingdom of England. Jersey is a self-governing parliamentary democracy under a constitutional monarchy, with its own financial, legal and judicial systems, and the power of self-determination. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
