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Jersey Unreported Judgments |
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You are here: BAILII >> Databases >> Jersey Unreported Judgments >> Representation of Sarre re Clameur de Haro [2000] JRC 61 (07 April 2000) URL: http://www.bailii.org/je/cases/UR/2000/2000_61.html Cite as: [2000] JRC 61 |
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2000/61
2 pages
ROYAL COURT
(Samedi Division)
7th April, 2000
Before: M.C.St.J. Birt, Esq., Deputy Bailiff; and
Jurats Potter and Le Breton.
Representation of Gwenda Mary Burdon Sarre (née Young),
seeking an Order setting aside an Injunction imposed by a
Clameur de Haro raised by Charles Flint.
Advocate N. Benest for the Representor;
Charles Flint, Party Convened on his own behalf;
The Solicitor General, joined in accordance with provisions of Rule 8/4(2) of the
Royal Court Rules 1992, as amended
JUDGMENT
THE DEPUTY BAILIFF:
1. The Clameur de Haro can only be raised in the case of an appert péril and there must be a wrongful act. In this case the Viscount's Department was simply putting into effect an eviction order made by the Petty Debts Court. It was therefore in our judgment not open to the defendant to raise the Clameur de Haro in respect of the Viscount's actions. The Clameur was wrongfully raised, and we therefore discharge the injunction which was brought into effect as a result of the raising of the Clameur.
2. The Clameur having been wrongfully raised, it follows that the Court must consider the question of a fine because persons who wrongfully raise the Clameur de Haro must pay a fine. We have listened to what you have said, Mr Flint, about your present financial position and accordingly we impose a nominal fine which we fix at £25.00.
3. As to the future we make it clear that the Viscount is entitled to put this eviction order into effect, and it is not open to you, Mr Flint, to raise the Clameur in that respect. We give you three months in which to pay the fine of £25.00, and we impose a one week prison sentence in default of payment.
4. The Court has agreed that we will make no order as to damages, and in all the circumstances of this case we will make no order as to costs either.
Authorities.
Bailhache-v-Williams (1968) JJ 991.
